ChangeServant explains the VA marriage amendment proposal:
As now proposed, the amendment goes well beyond reserving civil marriage to one man and one woman.
It prohibits the state and its localities from providing any legal recognition to any relationship between “unmarried individuals” that “approximates the design, qualities, significance or effects of marriage.”
No “unions”, no “partnerships,” no “other legal status.”
If adopted, this amendment would likely be interpreted to render unconstitutional:
1) the bill just passed this past Session that allows small businesses and insurers to agree on health insurance plans that cover members of households other than spouses, kids, including domestic partners (in fact, I believe that at least one of the conference committee members who rewrote the legislation after it passed the House and Senate was intent on forcing this outcome);
2) enforcement of the domestic violence laws where violence is between two unmarried people (gay or straight) who are living in the same household (perhaps with children common to both or belonging to one)(this is already being argued in Ohio which has language similar to the first two sentences of the current Virginia proposal);
3) loans/mortgages to two unmarried people wishing to buy a house together; and/or
4) access to the courts by parties to an unmarried relationship who wish to enforce a guardianship agreement, will, or other legal agreement purporting to approximate the “effect of marriage” through a contractual agreement.
Like 2004’s HB751 — which had to be fixed in this past session — this proposal will have effects far beyond those which are intended by its proponents.
I disagree,in a friendly way, with your statement “this proposal will have effects far beyond those which are intended by its
proponents.”
I believe the proponents fully intended this bill to have ramifications far beyond just “gay marriage”. I believe that
many of them would choose to deny as much as is legislatively possible to gay people.
If the intent of this bill was truly JUST gay marriage, then it would only need a few words, such as, no marriage contract
between parties of the same sex shall be legal in Virginia. Or, only one male and one female may enter into a marriage
which will be recognized by the state of Virginia. Short, sweet, and to the point. But that’s not what these
folks have written. I believe that most of these people are so hateful and fearful of gay people that they are perfectly willing
to throw the baby out with the bath water. They’ve got no problem “screwing” certain segments of “straight society”, if they
can be sure that it will keep gays from getting a few rights, too.
Unfortunately, I’m not at all surprised about the effect of this bill on domestic violence in gay relationships.
A good many people on the far right don’t even believe there IS a domestic violence issue – against women or against gays in
relationships. In fact, many firmly believe that men are the ones who are most often abused. I sat on one county committee in
which the ladies of the far right brought reams of information to every meeting detailing how women were NOT being abused,
and that most all reports of abuse were faked, and that the real people getting beat to a pulp were almost exclusively men.
(I’ll agree that domestic violence against men is significantly underreported, but I’ve talked with too many police officers
to EVER believe that men are the MAJORITY of victims – in heterosexual relationships.)
Anyway, love your blog. I’ve been reading it for a while. First time I’ve felt compelled to post. Keep up the good work!