Difference between revisions of "HB 751 and the "Marriage Amendment""

From OutHistory
Jump to navigationJump to search
m (Protected "HB 751 and the "Marriage Amendment"" [edit=sysop:move=sysop])
 
(26 intermediate revisions by one other user not shown)
Line 1: Line 1:
−
<youtube>SwIVP8W6XVY</youtube>In 2004 and 2006, the legislature and then the citizens of Virginia, put into place an amendment of the Virginia defense of marriage act and an amendment to the Bill of Rights to the constitution, instituing discrimination.  The arguments against the bills were many
+
In 2004 and 2006, the legislature and then the citizens of Virginia, passed the Affirmation of Marriage Act (HB 751) and then an amendment to the Bill of Rights to the Virginia Constitution, prohibiting recognition of same-sex realtionships.  Virginia's LGBTQ community fought these efforts strongly, but ultimately were overpowered by opponents' resources and the entrenched homophobia in the Virginia General Assembly.
−
* It goes too far, denying legal recognition for ALL unmarried couples
 
−
* It can be used by the courts to bar enforcement of domestic violence laws against unmarried partners
 
−
* It can be used by opposing factions in families seeking to deny unmarried partners of loved ones the right to hospital visitation, to decide about organ donation or burial or the determine the guardianship of children or property rights
 
−
* It can be grounds to sue a business for offering domestic partnership benefits of health insurance to anyone other that "immediate family members"
 
−
* It can be used to prohibit LGBTQ affirming congregtions from celebrating marriages or unions consistent with their faith traditions
 
−
* It can be used to deny unmarried partners access to courts to enforce custody, property and other arrangements essential to providing stability for a relationship and a family <ref>printed material from the Commonwealth Coalitions</ref>
 
  
−
These are just a few of the arguments against both the bill and the constitutional amendment, there are plenty more... [http://votenova.wordpress.com/ VoteNoVA blog]
+
During this time, activist organizations like Equality Virginia came into their own, and built skills that today make political progress possible, if still challenging.  
  
−
What were the arguments for the amendment? Although there was a law already prohibiting same-sex marriage, the possibility that same-sex marriage would invade the state, destroying the sacred institution of marriage, corrupting the school children and underming the very foundation of society as we know it seemed to be the basic argument, usually pointing to marriage as a sacred sacrament ordained by God...  OK, I think we've heard all the arguments...
+
=== HB 751 ===
  
−
Virginia's constitutional amendment is one of the most restrictive in the United States, denying the creation or recognition of a legal status that "intends to approximate marriage..." and denies recognition of "another union, partnership or other legal status to which is assigned the rights, benefits, obligations, qualitie or effects of marriage."
+
2004 witnessed a trial run for the constitutional amendment that would follow in two years.  HB 751 was legislation denying legal recognition to civil unions or other arrangements designed to establish relationship rights for same-sex couples  It was sponsored by Prince William County Republican Delegate Bob Marshall, who made his career opposing any extension of rights or benefits to LGBTQ people.
  
−
There has been much debate about how far this can be taken legally.  Are contracts legal between people that set up custody/guardianship agreements?  How about property agreements?  Wills?  There has been no challenge to the amendment in court yet, no test case, but all it could take is one judge who believes that being gay is wrong, illegal, immoral, etc... to destroy all the provisions that a couple has made... 
+
The law, named the Affirmation of Marriage Act, reads:
  
−
In 2004, the legislsture of Virginia passed, HB751, an amendment to the Virgina Defense of Marrige Act.  The text follows..
 
  
−
<div style="text-align: center;">
+
<div style="text-align: left;">
 
{{greybox|text=HOUSE BILL NO. 751  
 
{{greybox|text=HOUSE BILL NO. 751  
−
AMENDMENT IN THE NATURE OF A SUBSTITUTE
+
1. § 20-45.3. Civil unions between persons of same sex.  
−
 
−
(Proposed by the Senate Committee for Courts of Justice
 
−
on March 8, 2004)
 
−
 
−
(Patron Prior to Substitute--Delegate R. G. Marshall)
 
  
−
A BILL to amend the Code of Virginia by adding a section numbered 20-45.3, relating to the Affirmation of Marriage Act for the Commonwealth of Virginia.  
+
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.}}
−
Be it enacted by the General Assembly of Virginia:
+
</div>
  
−
1. § 20-45.3. Civil unions between persons of same sex.  
+
The passage of HB 751 sparked a furor in Virginia. LGBTQ people were outraged, and our community was joined in its outrage by thousands of advocates and supporters, including Governor Mark Warner. In July, our community and our allies gathered at rallies across Virginia to protest the law's effective date.
  
−
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.}}
+
<div style="border-style: solid; border-width: 2px; border-color: #000000;">
 +
<table style="width: 100%; background-color: #eeeeee; padding: 2px;">
 +
<tr>
 +
<td style="width: 30%; vertical-align:text-top;">
 +
<p><span style="font-weight: bold;">Title:</span>  HB 751</p>
 +
<p><span style="font-weight: bold;">Date:</span>  June 30, 2004</p>
 +
<p><span style="font-weight: bold;">Credit:</span>  Jay Squires</p>
 +
<p><span style="font-weight: bold;">Length:</span>  4:32</p>
 +
<p><span style="font-weight: bold;">Synopsis:</span>  The Virginia Affirmation of Marriage Act, HB751, was passed by the 2004 General Assembly. The law took effect on July 1, 2004.  One commenter noted "nothing so homophobic has ever been enacted into law in this nation's history."  To document our community's outrage, Equality Virginia organized a rally in Capitol Square attended by hundreds.</p>
 +
</td>
 +
<td style="width:70%;"><p style="text-align: right;"><youtube>SwIVP8W6XVY</youtube></p></td>
 +
</tr>
 +
</table>
 
</div>
 
</div>
  
−
In 2006, the citizens of Virginia passed Ballot Amendment 1, amending Article 1 of the Bill of Rights of the Constitution of Virginia.  The Text follows:
 
  
 +
[[Image:nomobile.jpg|thumb|Jay Squires, Chair of Equality Virginia and the Commonwealth Coalition, traveled the state in the NoMobile rallying opposition to the Marshall-Newman Amendment.  Today Squires is President and CEO of the Gay Community Center of Richmond. (DA)]]
 +
 +
=== The Marshall-Newman Amendment ===
 +
 +
[[Image:comm_coalition.jpg|thumb|left|The Commonwealth Coalition opposed the Marshall-Newman Marriage Amendment in 2006.]]Not satisfied with the Affirmation of Marriage Act, Delegate Marshall and Senator Steve Newman drafted an amendment to the Virginia Bill of Rights defining marriage as an opposite-sex union and prohibiting recognition of legally-established relationships.  The amendment was named after them.
 +
 +
Equality Virginia and a coalition of dozens of statewide groups began an unprecedented effort to defeat the amendment.  The Commonwealth Coalition was formed, and Virginia's LGBTQ people and their allies stepped into the complicated and challenging arena of state-wide electoral politics.  Claire Guthrie Gastanaga, a former Virginia Deputy Attorney General, was campaign manager.  Dyana Mason, the Executive Director of Equality Virginia was field director.
 +
 +
The campign raised $1 million for its efforts and met its goal of 1 million votes.  <ref> web reference, Virginia State Board of Elections, http://www.sbe.virginia.gov/ElectionResults/2006/Nov/htm/index.htm, accessed April 29, 2010</ref> However, turnout was unexpectly high in the election, which also featured a high-profile US Senate race.  The amendment passed with 57% of the vote - a margin much smaller than in most other states where such an amendment was proposed.
 +
 +
Virginia's constitutional amendment is one of the most restrictive in the United States, denying the creation or recognition of a legal status that "intends to approximate marriage..." and denies recognition of "another union, partnership or other legal status to which is assigned the rights, benefits, obligations, qualities or effects of marriage."
 +
 +
There has been much debate about how far this can be taken legally.  Are contracts legal between people that set up custody/guardianship agreements?  How about property agreements?  Wills?  There has been no challenge to the amendment in court yet, no test case, but all it might take is one judge who believes that being gay is wrong, illegal, or immoral to destroy all the provisions that a couple has made.
 +
 +
The text of the amendment states:
 +
 +
{{greybox|text=
 +
 +
Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.}}
 +
 +
Read more about the arguments against the Marshall-Newman Amendment at Blogging the Amendment, the official blog of the Commonwealth Coalition.  [http://votenova.wordpress.com Blogging the Amendment]
 +
 +
<div style="text-align:right; font-weight:bold;">Next Article [[2010: A Step Backwards]]</div><div style="text-align:right; font-weight:bold;">Return to [[Rainbow Richmond: LGBTQ History of Richmond, VA]] home page</div>
 +
 +
===References===
 +
<references/>
  
−
{{greybox|text=The text of the amendment states:
 
  
−
Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.}}
+
<comments />

Latest revision as of 11:13, 1 May 2010

In 2004 and 2006, the legislature and then the citizens of Virginia, passed the Affirmation of Marriage Act (HB 751) and then an amendment to the Bill of Rights to the Virginia Constitution, prohibiting recognition of same-sex realtionships. Virginia's LGBTQ community fought these efforts strongly, but ultimately were overpowered by opponents' resources and the entrenched homophobia in the Virginia General Assembly.

During this time, activist organizations like Equality Virginia came into their own, and built skills that today make political progress possible, if still challenging.

HB 751

2004 witnessed a trial run for the constitutional amendment that would follow in two years. HB 751 was legislation denying legal recognition to civil unions or other arrangements designed to establish relationship rights for same-sex couples It was sponsored by Prince William County Republican Delegate Bob Marshall, who made his career opposing any extension of rights or benefits to LGBTQ people.

The law, named the Affirmation of Marriage Act, reads:


HOUSE BILL NO. 751

1. § 20-45.3. Civil unions between persons of same sex.

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.

The passage of HB 751 sparked a furor in Virginia. LGBTQ people were outraged, and our community was joined in its outrage by thousands of advocates and supporters, including Governor Mark Warner. In July, our community and our allies gathered at rallies across Virginia to protest the law's effective date.

Title: HB 751

Date: June 30, 2004

Credit: Jay Squires

Length: 4:32

Synopsis: The Virginia Affirmation of Marriage Act, HB751, was passed by the 2004 General Assembly. The law took effect on July 1, 2004. One commenter noted "nothing so homophobic has ever been enacted into law in this nation's history." To document our community's outrage, Equality Virginia organized a rally in Capitol Square attended by hundreds.

<youtube>SwIVP8W6XVY</youtube>


Jay Squires, Chair of Equality Virginia and the Commonwealth Coalition, traveled the state in the NoMobile rallying opposition to the Marshall-Newman Amendment. Today Squires is President and CEO of the Gay Community Center of Richmond. (DA)

The Marshall-Newman Amendment

The Commonwealth Coalition opposed the Marshall-Newman Marriage Amendment in 2006.

Not satisfied with the Affirmation of Marriage Act, Delegate Marshall and Senator Steve Newman drafted an amendment to the Virginia Bill of Rights defining marriage as an opposite-sex union and prohibiting recognition of legally-established relationships. The amendment was named after them.

Equality Virginia and a coalition of dozens of statewide groups began an unprecedented effort to defeat the amendment. The Commonwealth Coalition was formed, and Virginia's LGBTQ people and their allies stepped into the complicated and challenging arena of state-wide electoral politics. Claire Guthrie Gastanaga, a former Virginia Deputy Attorney General, was campaign manager. Dyana Mason, the Executive Director of Equality Virginia was field director.

The campign raised $1 million for its efforts and met its goal of 1 million votes. [1] However, turnout was unexpectly high in the election, which also featured a high-profile US Senate race. The amendment passed with 57% of the vote - a margin much smaller than in most other states where such an amendment was proposed.

Virginia's constitutional amendment is one of the most restrictive in the United States, denying the creation or recognition of a legal status that "intends to approximate marriage..." and denies recognition of "another union, partnership or other legal status to which is assigned the rights, benefits, obligations, qualities or effects of marriage."

There has been much debate about how far this can be taken legally. Are contracts legal between people that set up custody/guardianship agreements? How about property agreements? Wills? There has been no challenge to the amendment in court yet, no test case, but all it might take is one judge who believes that being gay is wrong, illegal, or immoral to destroy all the provisions that a couple has made.

The text of the amendment states:

Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.

Read more about the arguments against the Marshall-Newman Amendment at Blogging the Amendment, the official blog of the Commonwealth Coalition. Blogging the Amendment

References

  1. ↑ web reference, Virginia State Board of Elections, http://www.sbe.virginia.gov/ElectionResults/2006/Nov/htm/index.htm, accessed April 29, 2010


<comments />

Retrieved from "https://wiki.outhistory.org/index.php?title=HB_751_and_the_%22Marriage_Amendment%22&oldid=32567"