EXPERTS LEERY OF NEW VA. ANTI-CIVIL UNIONS LAW: From the Washington Blade

By adding the words "civil union" to its Defense of Marriage Act, Virginia joined the ranks of two other states officially and specifically banning the legal alternative to same-sex marriage.

But additional language in the Virginia legislation far surpassed even Texas and Nebraska--as well as the other 47 states--in the limitations it placed on legal recognition of same-sex couples, according to national advocacy groups.

The Marriage Affirmation Act, passed by the Virginia General Assembly late last month and set to become law in July, outlaws "any partnership contract or other arrangements that purport to provide the benefits of marriage," in addition to prohibiting the state from recognizing civil unions.

Both gay rights advocates and independent legal scholars agreed the nation’s now most strongly worded anti-marriage statute could have considerable impact on the ability of same-sex couples to enter into legal agreements with each other. ...

The new law will abolish the rights of same-sex couples to execute a will, sign medical directives or craft custodial agreements, according to Dyana Mason of Equality Virginia.

But while acknowledging the damage to legal recognition for gay couples, Robert Lombardo, a professor of bioethics and law at the University of Virginia, said the law violates the "contract clause" in the U.S. Constitution, and would probably not withstand any legal test outside of its civil union ban.

Lombardo also argued that the law's reach might be limited by other legislation more specific to the types of contracts gay couples might enter into.

"The usual rule judges follow in these instances is that laws with specific language usually overcome laws with more general language," Lombardo said. "For example, the state's advance medical directive says you can designate anyone you want to make medical decisions on your behalf, regardless of your relationship. That would clearly outweigh a law prohibiting a general contract between persons of the same-sex as long as it doesn’t specifically mirror a civil union." ...

With the legislative session effectively over for the year, the question over the legality of the Marriage Affirmation Act will now go to the courts. Equality Virginia, located next door to the Virginia chapter of the American Civil Liberties Union, is expected to announce a lawsuit by early summer. ...

The Virginia DOMA law and Marriage Affirmation Act might also be challenged under the U.S. Constitution's "full faith and credit law," which generally requires states to recognize legal documents like marriage licenses issued by other states.

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Also, here's an article about a boycott campaign against VA due to this law.
posted by Eve at 9:10 PM | Link |

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