2006 Virginia Question 1

Last updated
Question 1
Flag of Virginia.svg
November 7, 2006

Virginia Marriage Amendment
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes1,328,53757.06%
Light brown x.svgNo999,68742.94%
Total votes2,328,224100.00%
Registered voters/turnout52.66%

2006 Virginia Marriage Amendment results map by county.svg

2006 Virginia Question 1, the Marshall-Newman Amendment (also referred to as the Virginia Marriage Amendment) is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage". [1] The amendment was ratified by 57% of the voters on November 7, 2006. [2] It became part of the state Constitution as Section 15-A of Article 1. In 2014, the amendment was ruled unconstitutional in Bostic v. Schaefer .

Contents

Text

The text of the amendment states:

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.

Enactment

Legislative process

The Virginia Constitution requires amendments to be passed in two different sessions separated by a general election. The amendment, named after Delegate Bob Marshall and Senator Stephen Newman, was approved by the Virginia General Assembly in the 2005 and 2006 sessions, which were separated by the November 2005 general election. It was thus put on the November 2006 election ballot for approval by voters.

Voting results

Amendment 1
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes1,328,53757.06
No999,68742.94
Total votes2,328,224100.00
Source: - Official Results

Criticism

The far-reaching nature of the Marshall-Newman Amendment intended to reinforce its Marriage Affirmation Act has attracted criticism. Writing in The Washington Post , Jonathan Rauch argued that:

Virginia appears to abridge gay individuals' right to enter into private contracts with each other. On its face, the law could interfere with wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts. If a gay Californian was hit by a bus in Arlington, her medical power of attorney might be worthless there. [3]

Virginia Attorney General Bob McDonnell issued a 2006 opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or advance health care directives between unmarried people. [4]

Ruling of unconstitutionality

On February 13, 2014, U.S. District Judge Arenda Wright Allen ruled that the amendment was unconstitutional, and ordered Virginia not to enforce it against same-sex couples. In her opinion, Judge Allen granted a stay pending appeal. [5]

On February 13, 2014, a U.S. District Court in Norfolk ruled that the amendment was unconstitutional in the case Bostic v. Schaefer , though the Judge stayed her ruling pending appeal.

On July 28, 2014, the Fourth Circuit Court of Appeals issued a 2–1 opinion upholding the lower court's decision, although this was also appealed. [6]

On October 6, 2014, the Supreme Court of the United States denied a writ of certiorari and thus let the Fourth Circuit Court's decision stand, which legalized same-sex marriage in Virginia. [7] [8]

Since the Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, all such bans throughout the United States are unconstitutional.

Repeal attempts

Although the amendment is unconstitutional and unenforceable since 2014, it remains part of the Virginia Constitution. Legislators, including State Senator Adam Ebbin (D) and Delegate Mark Sickles (D), have introduced bills in 2015 and 2016 aiming to repeal the amendment. [9] [10] Ebbin prefiled another bill to repeal the amendment on November 18, 2019, which the Senate voted to continue in 2021. [11]

See also

Related Research Articles

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Same-sex marriage in North Carolina has been legally recognized since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

Same-sex marriage in South Carolina has been legal since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage in West Virginia has been legally recognized since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban was not explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.

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<span class="mw-page-title-main">2006 Virginia ballot measures</span>

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<span class="mw-page-title-main">Same-sex marriage in the Fourth Circuit</span>

On July 28, 2014 the Fourth Circuit Court of Appeals upheld a ruling in Bostic v. Schaefer striking down Virginia's same-sex marriage ban which is a precedent for every state within the circuit. The ruling would have gone into effect on August 21, 2014 but the Supreme Court of the United States granted the stay request by the clerk of Prince William County. Attorneys for two same-sex couples had until August 18, 2014 to respond to the stay request. The Fourth Circuit consists of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. Maryland was the first state in the circuit to enact gay marriage by legislative act and confirmed by a voter referendum. That occurred prior to the Fourth Circuit Court ruling that was denied review at the Supreme Court, which led to same-sex marriage expansion to Virginia, West Virginia, and North Carolina.

<i>Bostic v. Schaefer</i>

Bostic v. Schaefer is a lawsuit filed in federal court in July 2013 that challenged Virginia's refusal to sanction same-sex marriages. The plaintiffs won in U.S. district court in February 2014, and the Fourth Circuit Court of Appeals upheld that ruling in July 2014. On August 20, 2014, the U.S. Supreme Court stayed enforcement of the Fourth Circuit's ruling pending the outcome of further litigation. State officials refused to defend the state's constitutional and statutory bans on same-sex marriage.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

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References

  1. "Proposed Constitutional Amendment, Article I, Section 15-A" (PDF). Virginia State Board of Elections. November 2006. Archived from the original (PDF) on December 14, 2006. Retrieved December 30, 2006.
  2. "Official Results, 2006 election". Virginia State Board of Elections. Archived from the original on February 2, 2007. Retrieved December 30, 2006.
  3. Rauch, Jonathan (June 13, 2004). "Virginia's New Jim Crow". The Washington Post . Retrieved January 13, 2007.
  4. McDonnell, Robert (September 14, 2006). "Opinion number 06-003" (PDF). Attorney General of Virginia . Retrieved February 25, 2012. It is my opinion that passage of the marriage amendment will not affect the current legal rights of unmarried persons involving contracts, wills, advance medical directives, shared equity agreements, or group accident and sickness insurance policies, or alter any other rights that do not "approximate the design, qualities, significance, or effects of marriage", or create "the rights, benefits, obligations, qualities, or effects of marriage."
  5. Wright Allen, Arenda L. (February 13, 2014). "Bostic, London, Schall & Townley v. Rainey & Schaeffer" . Retrieved February 14, 2014.
  6. Floyd, Henry F.; Gregory, Roger; Niemeyer, Paul; U.S. Circuit Judges (28 July 2014). "Opinion, Bostic v. Shaefer, No. 14-1167". U.S. Court of Appeals for the Fourth Circuit . Scribd.com. PACER Document 234.
  7. "Order List (10/06/2014)" (PDF). supremecourt.gov. 6 Oct 2014. Retrieved 28 Aug 2022.
  8. Times-Dispatch, MARKUS SCHMIDT Richmond. "Same-sex couples marry as the unions become legal in Va".
  9. "Virginia still has laws banning gay marriage. Should that matter?". Washington Post. July 29, 2016.
  10. "Openly gay legislators rally to remove defunct same-sex marriage bans from Virginia law and constitution". GayRVA.ocm. October 19, 2016. Archived from the original on October 21, 2016. Retrieved October 20, 2016.
  11. "Senate Joint Resolution No. 3". Commonwealth of Virginia. Retrieved 2020-09-15.