IMPAIRMENT OF CONTRACTS: Dave Tepper

Let's talk about Virgina's Affirmation of Marriage Act, shall we? It passed today, after all, and so the Virginia Code is going to get a new S20-45.3. Here's the text:

"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."

Taken literally, to its extreme, that means I could give my medical power of attorney to my mother but not my father. Or as Gov. Mark Warner noted (scroll halfway down the page), it could unintentionally forbid business partnerships between people of the same gender.

Is this really necessary? Look, social conservatives, you already have what you want. Same-sex marriages are already illegal in Virginia. I could even understand--not approve of, or condone, but understand--prohibiting civil unions. My question, which no one is answering, is: How does it affirm marriage to prevent some people but not others from entering into contracts?

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[Eve says: I don't know enough about this law to tell you if it does what Tepper fears it does, and would welcome helpful emails on that point. I've written several times on this site about my support for increased freedom of contract--not sure why, to take one of the easiest examples, I shouldn't be able to designate my best friend to make medical decisions for me.]
posted by Eve at 3:04 PM | link

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