THE MARRIAGE PROTECTION AMENDMENT: WHY IS IT NECESSARY AND WHAT WILL IT DO? By Lieutenant Governor Bill Bolling
Join Us In Supporting The Marriage AmendmentOn November 7th Virginians will have an opportunity to amend the Constitution of Virginia to permanently define marriage as a union between one man and one woman and give Constitutional protection to the statutory laws Virginia has had in place for more than 30 years that prohibit same sex marriages and same sex unions.
While we all wish it was not necessary to debate this issue in the public square, the legalization of same sex marriages in several other states has created an urgent need for Virginia to join 20 other states that have voted to protect the institution of marriage by amending their state Constitutions.
Marriage between one man and one woman has been recognized as the bedrock of the family throughout human history. By voting “yes†for the Marriage Protection Amendment, Virginians will be protecting the sanctity of marriage and protecting what is already current statutory law from judicial assault.Â
 The following information is intended to provide an objective analysis of why the Marriage Protection Amendment is necessary and what it will do. This information will also respond to the deceptive arguments of opponents that passage of the Marriage Protection Amendment will restrict other legal rights that are currently available to unmarried persons. Why Is It Necessary?Under current statutory law in Virginia, persons who marry must do certain things. For example, they must have a license and be married by a licensed minister, judge or other person authorized by law to perform marriages.
Present statutory law also prohibits marriages between certain individuals. For example, the law prohibits a marriage between a brother and sister, between a couple where one of the parties is married to someone else, and between couples of the same sex.Â
- In 1975, the General Assembly enacted a statute (present Code of Virginia § 20- 45.2) that states “A marriage between persons of the same sex is prohibited.”  Â
- In 1997, the General Assembly added a sentence to § 20-45.2 that states that: “Any marriage 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 by such marriage shall be void and unenforceable.â€Â
In 2004, the General Assembly passed a law to extend the statutory ban on same sex marriages to so called same sex unions. That law (Code of Virginia § 20-45.3) states that:“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.†Â
Thus, civil unions or other arrangements which purport “to bestow the privileges or obligations of marriage†are also prohibited by current state statute.
Unfortunately, the Constitution of Virginia does not currently define marriage. Because of this, Virginia’s statutory ban on same sex marriages and same sex unions could be struck down at any moment by an activist judge who chooses to make the law rather than interpret the law. Such actions have been taken by judges in several other states.
In order to prevent a judge from declaring Virginia’s current statutory ban on same sex marriages and same sex unions from being unconstitutional, we must give those laws constitutional protection. To do this we must amend the Constitution of Virginia to make clear that same sex marriages and same sex unions will not be recognized in Virginia.
What Will It Do?
In order for a Constitutional Amendment to appear on the election ballot, it must be approved in two consecutive sessions of the Virginia General Assembly. During the 2005 and 2006 sessions of the General Assembly legislators gave their overwhelming and bipartisan approval to the following amendment that will appear on the November election ballot for ratification by the voters:
“Shall Article I (the Bill of Rights) of the Constitution of Virginia be amended to state: 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.â€
If approved by the voters this amendment will become part of the Constitution of Virginia.  The proposed amendment would prevent any judge in Virginia from declaring the state’s statutory ban on same sex marriages and same sex unions unconstitutional. The amendment would also prohibit Virginia and its counties, cities and towns from creating or recognizing any legal status by any name which is comparable to marriage.Â
Please join me in voting “yes for the Marriage Protection Amendment on November 7th.Will The Marriage Amendment Have Any Unintended Consequences?
Opponents of the Marriage Protection Amendment cannot debate the critical questions in this campaign:Â
How will we define marriage in Virginia?Â
Should marriage remain between one man and one woman?Â
Is it OK for a man to marry a man and a woman to marry a woman? They know that the vast majority of Virginians do not share their views on this important issue. Virginian’s believe that marriage is a sacred institution, created by God and intended to be enjoyed by one man and one woman. Instead, they have engaged in a campaign of fear and deception, trying to mislead Virginia voters on the effects of the Marriage Protection Amendment.Â
They contend that passage of this amendment will have a number of “unintended consequences.â€Â For example, they argue that it will prevent two people of the same sex from buying a home or other real property together, executing advance medical directives, enforcing domestic violence laws, disposing of property to each other in a will, etc. That is simply not the case.The arguments that the opponents of the Marriage Protection Amendment have made in Virginia are the very same arguments they have made in every other state where this amendment has been considered. Fortunately, voters have rejected these arguments in every other state.Â
Knowing this, the General Assembly approved specific language earlier this year to make certain that these “unintended consequences†will not occur. During the 2006 session of the General Assembly legislators overwhelming gave their bipartisan approval to the following official explanation of the Marriage Protection Amendment: “Marriage in the Commonwealth creates specific legal rights, benefits, and obligations for a man and a woman.  There are other legal rights, benefits, and obligations which will continue to be available to unmarried persons, including the naming of an agent to make end-of-life decisions by an Advance Medical Directive (Code of Virginia § 54.1-2981), protections afforded under Domestic Violence laws (Code of Virginia § 18.2- 57.2), ownership of real property as joint tenants with or without a right of survivorship (Code of Virginia § 55-20.1), or disposition of property by will (Code of Virginia § 64.1-46).â€Â
This official explanation clearly documents the intent of the General Assembly – passage of the Marriage Protection Amendment will have no “unintended consequences†on the rights and benefits that are currently available to unmarried persons. In addition, Attorney General Bob McDonnell has issued an official opinion that details the Marriage Protection Amendment and what it will and will not do if Virginians approve it.  The Attorney General has also concluded that passage of the Marriage Protection Amendment will have no “unintended consequences†and will not adversely impact the other rights and benefits that are currently available to unmarried persons.You can read both of these explanations and opinions on line. To access the official explanation of the marriage amendment that has been issued by the General Assembly, please click here. To read the Attorney General’s opinion, please click here.
And these statements and opinions come after nearly 80% of General Assembly members voted in favor of this amendment - Democrat, Republican and Independent - after reviewing the language and considering the issue for two years.
THE MARRIAGE AMENDMENT WILL HAVE NO UNINTENDED CONSEQUENCES. Please Join Us In Supporting The Marriage Protection Amendment On November 7thÂ
Since the founding of Virginia in 1607 marriage has played an important role in providing stability to our society and a structure for family life. Marriage between one man and one woman has served Virginia well, and there is no need to change the definition of marriage. If we want to protect Virginia’s current statutory laws that prohibit same sex marriages and same sex unions from possible judicial assault we must pass the Marriage Protection Amendment on November 7th. A “yes†vote on the Marriage Protection Amendment will simply say that in Virginia marriage will remain between one man and one woman.Â
I encourage you to vote “yes†for the Marriage Protection Amendment on November 7th. For more information on the Marriage Protection Amendment you can also visit the following web sites: VA 4 Marriage [www.va4marriage.org]
The Family Foundation [ www.familyfoundation.org]
[] [ ]