Jump to content

Same-sex marriage in Virginia

From Wikipedia, the free encyclopedia
This is an old revision of this page, as edited by GayTenn (talk | contribs) at 04:52, 14 February 2014. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

The U.S. state of Virginia does not recognize same-sex marriage or unions. Since 2006, the state constitution defines marriage as solely between one man and one woman and bans recognition of any legal status that "intends to approximate the design, qualities, significance, or effects of marriage". A federal court decision in Bostic v. Rainey on February 13, 2014, found Virginia's ban on same-sex marriage unconstitutional, but stayed enforcement of that decision pending appeal.

Same-sex unions

Statute

The Code of Virginia was amended to prohibit marriage between persons of the same sex in August 1975,[1] to deny legal recognition to same-sex marriages from other jurisdictions in April 1997,[2] and to prohibit civil unions or similar arrangements between members of the same sex, including arrangements created by private contract, in May 2004.[3]

Arlington County announced plans in May 1997 to modify its employee health plan so that same-sex partners could gain coverage, and on March 12, 1998, three local taxpayers asked the Arlington County Circuit Court to stop the county from doing so. The Circuit Court agreed[4] and on appeal the Supreme Court of Virginia ruled in Arlington County v. White on April 21, 2000, that local governments are subject to state statutes and prohibited from expanding employee health insurance benefits beyond spouses or financial dependents.[5][6]

In December 2009, Governor Tim Kaine started a process designed to extend employee health benefits to the same-sex partners of the state's employees.[7] After Bob McDonnell became governor in January 2010, he asked Attorney General Ken Cuccinelli for a legal opinion on such an extension of benefits, and Cuccinelli issued a legal opinion that the anticipated change to the state's health plan required authorizing legislation. His ruling ended the administrative process Kaine had initiated.[8] In April 2010, McDonnell signed a bill that passed with bipartisan support to allow Virginia employers to offer private insurance coverage for their employees' same-sex partners.[9]

Virginia has extended hospital visitation rights to same-sex couples through a designated visitor statute.[10]

Constitutional ban

In November 2006, voters approved a constitutional amendment, known as the Marshall-Newman Amendment, that limited marriage to unions of one man and one woman by margin of 57% to 43% The amendment took effect on January 1, 2007.[11] It also prohibits the state and its political subdivisions from creating or recognizing any legal status for relationships of unmarried couples, such as domestic partnerships.

Federal lawsuits

Bostic v. Rainey

On July 18, 2013, two gay men filed a lawsuit, Bostic v. Rainey, in the U.S. District Court for the Eastern District of Virginia challenging the state's ban on same-sex marriage.[12] Named as defendants are the Staunton Circuit Court Clerk and Janet Rainey, the state registrar of vital records.[13] A lesbian couple, married in California and parents of a teenager, joined the case as plaintiffs.[14] On September 30, the American Foundation for Equal Rights announced it was joining the case with Theodore Olson and David Boies as lawyers.[15] On January 23, 2014, less than two weeks after taking office, Virginia Attorney General Mark Herring announced that the his office would no longer defend the state in Bostic v. Rainey and will argue for the plaintiffs instead.[16] Governor Terry McAuliffe supported him.[17] Judge Arenda L. Wright Allen heard oral arguments on February 4, 2014, with attorneys for the circuit court clerk defending the state's ban on same-sex marriage.[18] On February 13, Judge Allen ruled that Virginia's statutory and constitutional ban on same-sex marriage is unconstitutional. She stayed enforcement of her ruling pending appeal.[19]

Harris v. McDonnell

On August 1, 2013, two lesbian couples, one of which married in the District of Columbia in 2011, filed a lawsuit, Harris v. McDonnell, in U.S. District Court for the Western District of Virginia represented by Lambda Legal and the American Civil Liberties Union. They challenged both the state's denial of marriage rights to same-sex couples and its refusal to recognize same-sex marriages from other jurisdictions. They asked the court to recognize their suit as a class action on behalf of all same-sex couples in Virginia who seek to marry or have married elsewhere.[20] On December 23, Judge Michael F. Urbanski removed the governor as a defendant, leaving the county clerk who denied one couple a license and the state registrar of vital records.[13] On January 31, Urbanski certified the case as a class action.[21]

Public opinion

A May 2011, Washington Post poll found that 47% of Virginians favored the legalization of same-sex marriage, while 43% opposed it and 10% had no opinion. It found 55% favored allowing same-sex couples to adopt children, while 35% opposed that and 10% had no opinion.[22] The same poll found that 64% of residents from Fairfax County, Arlington County, Alexandria, and Fairfax support same-sex marriage; 63% of residents from the counties of Loudoun, Prince William, Stafford, Fauquier, Culpeper, Madison, Rappahannock, Clarke, and Frederick, as well as the cities of Manassas, Manassas Park, and Winchester support same-sex marriage, while only 42% of the rest of Virginia supports same-sex marriage.[23]

A July 2011, Public Policy Polling survey found that 35% of Virginia voters thought that same-sex marriage should be legal, while 52% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 65% of Virginia voters supported the legal recognition of same-sex couples, with 32% supporting same-sex marriage, 33% supporting civil unions but not marriage, 33% favoring no legal recognition and 2% not sure.[24]

A December 2011, Public Policy Polling survey found that 34% of Virginia voters thought that same-sex marriage should be legal, while 53% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 59% of Virginia voters supported the legal recognition of same-sex couples, with 31% supporting same-sex marriage, 28% supporting civil unions but not marriage, 38% favoring no legal recognition and 3% not sure.[25]

A May 2012, Public Policy Polling survey found that 41% of Virginia voters thought that same-sex marriage should be legal, while 50% thought it should be illegal. 9% were not sure. When civil unions were thrown into the mix, 65% of voters favored some form of legal recognition for gay couples.[26]

A June 2012, Washington Post poll found that 49% of Virginians favored the legalization of same-sex marriage, while 40% opposed it and 11% had no opinion.[27]

A Washington Post poll taken between April and May 2013, found that 56% of registered voters thought same-sex marriage should be legal, while only 33 percent thought it should be illegal, and 10% had no opinion.[28]

A Greenberg Quinlan Rosner Research and Target Point Consulting poll taken in June 2013 found that 55% of Virginians support same-sex marriage. Among respondents below the age of 30, support is at 71%.[29][30]

A July 2013, Quinnipiac poll found that 50% of Virginians support same-sex marriage while 43% oppose it.[31]

In an August 2013 Emerson College poll, 38% of Virginians support same-sex marriage while 48% opposed it and 14% were undecided.[32]

A September 2013 poll found 55% of Virginia residents support gay marriage, while 37% oppose it.[33]

An October 2013 poll by Christopher Newport University found that 56% of likely voters oppose the ban on same-sex marriage, compared to 36% who favor it.[34]

See also

References

  1. ^ "§ 20-45.2. Marriage between persons of same sex". virginia.gov. Retrieved January 19, 2014.
  2. ^ "SB 884 Same sex marriages". Code of Virginia Searchable Database. Virginia General Assembly. Retrieved February 16, 2013.
  3. ^ "HB 751 Marriage; affirmation". Code of Virginia Searchable Database. Virginia General Assembly. Retrieved February 16, 2013.
  4. ^ Davis, Patricia (March 5, 1999). "Court Finds Arlington's Benefits Policy Illegal". Washington Post. Retrieved January 23, 2014.
  5. ^ Coolidge, David (April 27, 2000). "Virginia High Court Rejects Arlington's Domestic Partnership Policy". Catholic Herald. Retrieved January 23, 2014.
  6. ^ "Arlington County et al. v. White et al". Virginia Lawyer's Weekly. April 21, 2000. Retrieved January 23, 2014.
  7. ^ Kumar, Antia (December 4, 2009). "Kaine plans to extend health benefits to same-sex partners". Washington Post. Retrieved June 11, 2010.
  8. ^ Walker, Julian (February 1, 2010). "Same-sex partner benefits tossed out: Outgoing Gov. Tim Kaine proposed the policy change, but the state's new attorney general advised against it". Roanoke Times. Retrieved June 11, 2010.
  9. ^ Johnson, Chris (April 27, 2010). "Pro-gay life insurance bill becomes law in Va". Washington Blade. Retrieved June 11, 2010.
  10. ^ "Hospital Visitation Rights" (PDF). Hrc.org. Retrieved December 5, 2013.
  11. ^ "Gay Marriage Amendment Passes in Virginia". Fox News. November 7, 2006. Retrieved January 19, 2014.
  12. ^ "Gay couple from Norfolk challenges state's same-sex marriage ban in federal court". Richmond Times Dispatch. July 24, 2013. Retrieved February 5, 2014.
  13. ^ a b Lavers, Michael K. (January 9, 2014). "First hearing in Virginia marriage lawsuit scheduled". Washington Blade. Retrieved January 10, 2014.
  14. ^ Wolf, Richard (December 13, 2013). "Gay couples seek court case that might reach the Supreme Court". Washington Post. Retrieved January 10, 2014.
  15. ^ Barnes, Robert (September 30, 2013). "Lawyers Olson and Boies want Virginia as same-sex marriage test case". The Washington Post. Retrieved January 10, 2014.
  16. ^ Perallta, Eyder (January 23, 2014). "Virginia's New Attorney General Will Not Defend Gay-Marriage Ban". NPR. Retrieved January 23, 2014.
  17. ^ Michael Muskal (February 4, 2014). "Gay-marriage battle unfolds in Virginia, Utah courts". Los Angeles Times.
  18. ^ Wolf, Richard (February 4, 2014). "Legal fight for gay marriage reaches Virginia court". USA Today. Retrieved February 4, 2014.
  19. ^ Snow, Justin (February 13, 2014). "Federal court rules Virginia same-sex marriage ban unconstitutional". Metro Weekly. Retrieved February 13, 2014.
  20. ^ Eilperin, Juliet; Morello, Carol (August 1, 2013). "Federal suit seeks to permit gay marriage in Virginia". Washington Post. Retrieved August 3, 2013.
  21. ^ Robertson, Gary (February 1, 2014). "Judge OKs class action status in Virginia for gay marriage lawsuit". Reuters. Retrieved February 5, 2014.
  22. ^ Washington Post: "Washington Post poll finds Virginians are split on gay marriage; support gay couple adoptions," May 10, 2011, accessed May 10, 2011
  23. ^ Post Store (May 10, 2011). "Virginia politics, Northern Virginia style". Washingtonpost.com. Retrieved December 5, 2013.
  24. ^ Public Policy Polling: "Virginia opposes gay marriage, statewide politicians popular," July 29, 2011, accessed July 29, 2011
  25. ^ Public Policy Polling: "Virginia down on Cantor, favors civil unions," December 13, 2011, accessed December 13, 2011
  26. ^ "Virginia Miscellany". Public Policy Polling. Retrieved 5/4/2012. {{cite web}}: Check date values in: |accessdate= (help)
  27. ^ "Washington Post Poll". The Washington Post.
  28. ^ "Virginians' changing views on gay marriage," washingtonpost.com, 14 May 2013, accessed May 15, 2013.
  29. ^ "New Attitudes in the New Dominion" (PDF). Human Rights Campaign. July 11, 2013.
  30. ^ "Poll: Majority of Va. residents support same-sex marriage". Washington Blade. July 11, 2013.
  31. ^ "Big Gender Gap As Dem Holds Lead In Virginia Gov Race, Quinnipiac University Poll Finds; Voters Back Same-Sex Marriage 50 - 43 Percent". Quinnipiac. July 18, 2013.
  32. ^ "Emerson College Poll" (PDF). Emerson College Polling Society. August 29, 2013. Retrieved November 2, 2013.
  33. ^ "Marist Poll" (PDF). Marist. Retrieved September 22, 2013.
  34. ^ "Virginia Survey: 2013 Statewide Elections" (PDF). Christopher Newport University. October 16, 2013.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Same-sex_marriage_in_Virginia&oldid=595406160"