Marriage Law Changes: Urge Gov. Youngkin
Email the Governor (va-constituent services.azurewebsites.net)
HB 174 reads as follows:
"No person authorized by § 20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties.
Religious organizations and members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage."
HB 174 does not define marriage. It is an attempt to change by statute the definition of marriage in Virginia's Constitution contained in the Marshall-Newman Marriage Amendment overwhelmingly approved by voters in 2006.
Currently, Virginia's Constitution reads:
"That 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."
Of course, the 2015 Obergefell vs Hodges Supreme Court decision rendered the Amendment unenforceable. But it cannot be removed from Virginia's Constitution by any federal judge or even the Supreme Court which only has the power to suspend application of the Marriage Amendment. Only the People of Virginia can do that.
Advocates for the non-defined marriage in HB 174 avoid explaining its long range consequences. For example, would a Knights of Columbus or church hall be able to refuse a same sex couple the use of their banquet hall +without losing their tax exempt status? Would out of state or out of country polyamorous relationships be required to be legally recognized in Virginia?
Thank you. Please share with your friends.