ON JULY 1 of this year, the Virginia legislature passed an amendment to the 1997 Affirmation of Marriage Act designed to clarify the limitations on gay marriage and civil unions in the Commonwealth. This amendment has since received a great deal of publicity from gay rights activists and other organizations as an overly draconian measure that will curb everyone's rights. Such sensationalist characterization of this bill is nothing more than these groups blowing hot air in search of publicity.
It is important in this debate to look at the amendment that was passed in its entirety. The final text of the amendment reads as follows: "A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable."
I quote this amendment in its entirety because the activists have been chopping up little pieces of it for sometime now to make it appear as it is doing more than outlawing gay marriage or civil unions, under any name. The first sentence of the amendment clearly outlaws civil unions (already illegal in Virginia) and then proceeds to identify that partnerships or contracts that purport to bestow the privileges of marriage are also illegal. This strong wording does not, as some would claim, create issues for people in regular business dealings or normal relationships as a business agreement does not usually purport to bestow the privileges of marriage. No real estate contract or business partnership that I am aware of claims to bestow the obligations of marriage.
The second section of the amendment applies this same standard to contracts or civil unions created in other states. It applies, however, to the same standard in evaluating these contracts. The phrase, "any such civil union
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