Gay Marriage Ban Advances in Virginia, Could the US be Next?

As the so-called Culture Wars heat up, the issue of gay marriage continues to be a major battleground in various states. In Virginia, a move to embed laws banning the legal sanctioning of both “gay marriage” and “civil union” relationships has taken another step toward reality as the state Senate voted to include the full wording of the proposed amendment on the ballot in November. Typically, statewide referenda and constitutional amendments are only summarized. However, given the contentiousness of this issue, the state senator shepherding the amendment says, “I don’t want to hide anything.”

If the House of Delegates approves the bill as voted on by the Senate, the language will go to the voters for final approval, and will become part of Virginia’s fundamental law. As the Richmond Times-Dispatch notes, “Although Virginia law already bans gay marriages, proponents of the amendment say a constitutional ban is needed to prevent ‘activist judges’ from overturning the state law.” While the proposed law does just that, the language used is broad and sweeping, thus running the risk of outlawing numerous legal arrangements between individuals, regardless of sexual orientation or relationship status, that currently exist. Though the amendment received bipartisan support, opponents of the amendment, gay and straight, are planning a massive voter outreach campaign to fight against it.

If the ban passes, Virginia will be among the 40 or so states to make such provisions part of state statutes, and among a sizable minority to include such laws in the state constitution. That so many states have gone down that road is important as only 38 are necessary to get to the ¾ target set forth in the United States constitution for approval of amendments. As such, the Commonwealth's voters may give advocates of the Federal Marriage Amendment even more ammunition for their fight.