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词条 Same-sex marriage in Virginia
释义

  1. Statute

  2. Constitution

  3. Federal lawsuits

     Bostic v. Schaefer  Harris v. Rainey 

  4. Cohabitation

  5. Statistics

  6. Public opinion

  7. See also

  8. References

{{Use mdy dates|date=January 2014}}{{Same-sex unions}}Same-sex marriage has been legally recognized in the U.S. state of Virginia since October 6, 2014, following a decision by the Supreme Court of the United States to refuse to hear an appeal of the Fourth Circuit Court of Appeals in the case Bostic v. Schaefer. Marriages of same-sex couples subsequently began at 1:00 p.m. on October 6 after the Circuit Court issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state marriages of same-sex couples.[1][2]

State recognition had been prohibited by statute in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved a constitutional amendment reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judged ruled in Bostic v. Schaefer that Virginia's statutory and constitutional ban on state recognition of same-sex marriages is unconstitutional.

Same-sex marriage is supported by both of the state's U.S Senators, Democrats Mark Warner and Tim Kaine.[3][4]

Statute

In August 1975, the Code of Virginia was amended to prohibit marriage between persons of the same sex.[5]

On February 4, 1997, the Virginia State Senate, by a 37-3 vote, approved of a bill banning recognition of same-sex marriages from other jurisdictions and "any contractual rights created by such marriage". On February 19, the Virginia House of Delegates, by an 81-8 vote, approved the bill. On March 15, Governor George Allen signed the legislation, which took effect on July 1.[6][7]

On March 10, 2004, the State Senate, by a 28-10 vote, approved a bill prohibiting civil unions or similar arrangements between members of the same sex, including arrangements created by private contract. On March 11, the House of Delegates, by a 77-21 vote, approved the bill. On April 15, the House of Delegates received the Governor's recommendations on the bill. On April 21, the House of Delegates rejected the Governor's recommendations by a vote of 35-65 and by a 69-30 vote approved a bill prohibiting civil unions or similar arrangements between members of the same sex, including arrangements created by private contract without the Governor's recommendations. That same day, the State Senate, by a 27-12 vote, approved the bill. The bill became law without the Governor's signature and went into effect on July 1.[8]

On February 3, 2014, the House of Delegates voted 65-32 in favor of a bill giving the Virginia General Assembly the right to defend a provision of the Constitution of Virginia that is contested or constitutionality questioned if the Governor or Attorney General choose not to defend the law. On February 21, the State Senate Committee on Rules voted 12-4 in favor of it being passed by indefinitely in rules, which effectively killed the bill for that session.[9]

On February 3, 2015, the state Senate voted in favor of a bill seeking to update Virginia's statutory laws by making references to marriage gender-neutral. The bill was sponsored by Senator Adam Ebbin and enjoyed bipartisan support.[10] The bill, however, died in a House subcommittee.[11] In January 2016, Senator Ebbin introduced a similar bill, which died without a vote.[12][13]

A bill codifying same-sex marriage in Virginia's laws was introduced in the House in January 2018 by Representative Marcus Simon. A similar bill was introduced in the Senate by Senator Ebbin.[14][15]

Constitution

On February 26, 2005, the House of Delegates voted 79-17 in favor of a constitutional amendment, known as the Marshall-Newman Amendment, that would ban same-sex marriage and any "legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." That same day, the Virginia State Senate voted 30-10 in favor of the constitutional amendment.[16] On January 13, 2006, the House of Delegates voted 73-22 in favor of the constitutional amendment. On February 17, the State Senate voted 29-11 in favor of the constitutional amendment.[17] On November 7, 2006, voters approved the constitutional amendment, which took effect on January 1, 2007.[18][19]

In January 2016, Senator Adam Ebbin introduced a resolution which proposed to repeal Virginia's constitutional ban on same-sex marriage. The resolution died without a vote.[13][20]

Federal lawsuits

Bostic v. Schaefer

{{Main article|Bostic v. Schaefer}}

This case was previously styled as Bostic v. McDonnell and as Bostic v. Rainey before being appealed.

On July 18, 2013, two gay men filed a lawsuit in the U.S. District Court for the Eastern District of Virginia challenging the state's ban on same-sex marriage.[21] A lesbian couple, married in California and parents of a teenager, joined the case as plaintiffs.[22] In January 2014, Virginia Attorney General Mark Herring and Governor Terry McAuliffe announced their support for the suit.[23][24] Judge Arenda L. Wright Allen heard oral arguments on February 4, 2014, with attorneys for the Clerk of the Circuit Court for the City of Norfolk defending the state's ban on same-sex marriage.[25]

On February 13, 2014, Judge Wright Allen ruled that Virginia's statutory and constitutional ban on same-sex marriage is unconstitutional.[26] The Fourth Circuit Court of Appeals heard arguments on May 13.[27] On July 28, the Fourth Circuit ruled 2–1 in favor of striking down Virginia's ban on same-sex marriage.[28] The U.S. Supreme Court stayed of enforcement of the ruling on August 20,[29] though on October 6, the court rejected Virginia's appeal in brief, allowing the Fourth Circuit to immediately lift the stay of the ruling. Same-sex couples thus began marrying in Virginia from 1 p.m. October 6, 2014.[1][2] The first same-sex couple to marry in the Commonwealth was Lindsey Oliver and Nicole Pries in Richmond, Virginia.[30][31]

Harris v. Rainey

On August 1, 2013, two lesbian couples, one of which married in the District of Columbia in 2011, filed a lawsuit, Harris v. McDonnell, in U.S. District Court for the Western District of Virginia represented by Lambda Legal and the ACLU. They challenged both the state's denial of marriage rights to same-sex couples and its refusal to recognize same-sex marriages from other jurisdictions. They asked the court to recognize their suit as a class action on behalf of all same-sex couples in Virginia who seek to marry or have married elsewhere.[32]

On December 23, Judge Michael F. Urbanski removed the Governor as a defendant, leaving the state registrar of vital records and the county clerk who denied one couple a license.[33] On January 31, the judge certified the case as a class action, now restyled as Harris v. Rainey.[34] On March 31, Judge Urbanski ordered Harris stayed until the Fourth Circuit issues a decision in Bostic.[35]

Cohabitation

On April 28, 2016, the Supreme Court of Virginia ruled that cohabitation laws also apply to same-sex couples.[36] The Court ruled that a same-sex couple can be legally considered to have a relationship analogous to marriage, and if they've been in one for a year, the person paying spousal support no longer has to do so.

Statistics

In the approximately 10-month period subsequent to same-sex marriage being legal in Virginia (October 6, 2014 to August 31, 2015), a total of 3,598 marriage certificates were filed for same-sex couples, making up 5.27% of all marriage certificates filed in the state in that time.[37] The three most popular city localities for same-sex marriages were Norfolk, Virginia Beach and Richmond.

Public opinion

A May 2011 Washington Post poll found that 47% of Virginians favored the legalization of same-sex marriage, while 43% opposed it and 10% had no opinion. It found 55% favored allowing same-sex couples to adopt children, while 35% opposed that and 10% had no opinion.[38] The same poll found that 64% of residents from Fairfax County, Arlington County, Alexandria, and Fairfax supported same-sex marriage; 63% of residents from the counties of Loudoun, Prince William, Stafford, Fauquier, Culpeper, Madison, Rappahannock, Clarke, and Frederick, as well as the cities of Manassas, Manassas Park, and Winchester supported same-sex marriage, while only 42% of the rest of Virginia supports same-sex marriage.[39]

A July 2011 Public Policy Polling survey found that 35% of Virginia voters thought that same-sex marriage should be legal, while 52% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 65% of Virginia voters supported the legal recognition of same-sex couples, with 32% supporting same-sex marriage, 33% supporting civil unions but not marriage, 33% favoring no legal recognition and 2% not sure.[40]

A December 2011 Public Policy Polling survey found that 34% of Virginia voters thought that same-sex marriage should be legal, while 53% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 59% of Virginia voters supported the legal recognition of same-sex couples, with 31% supporting same-sex marriage, 28% supporting civil unions but not marriage, 38% favoring no legal recognition and 3% not sure.[41]

A May 2012 Public Policy Polling survey found that 41% of Virginia voters thought that same-sex marriage should be legal, while 50% thought it should be illegal. 9% were not sure. When civil unions were thrown into the mix, 65% of voters favored some form of legal recognition for same-sex couples.[42]

A June 2012 Washington Post poll found that 49% of Virginians favored the legalization of same-sex marriage, while 40% opposed it and 11% had no opinion.[43]

A Washington Post poll conducted between April and May 2013, found that 56% of registered voters thought same-sex marriage should be legal, while only 33% thought it should be illegal, and 10% had no opinion.[44]

A Greenberg Quinlan Rosner Research and Target Point Consulting poll conducted in June 2013 found that 55% of Virginians supported same-sex marriage. Among respondents below the age of 30, support was at 71%.[45][46]

A July 2013 Quinnipiac poll found that 50% of Virginians supported same-sex marriage while 43% opposed it.[47]

In an August 2013 Emerson College poll, 38% of Virginians supported same-sex marriage, while 48% opposed it and 14% were undecided.[48]

A September 2013 Marist poll found 55% of Virginia residents supported same-sex marriage, while 37% opposed it.[49]

An October 2013 poll by Christopher Newport University found that 56% of likely voters opposed the ban on same-sex marriage, compared to 36% who favored it.[50]

A December 2013 Public Religion Research Institute survey found that 52% of Virginia residents supported same-sex marriage, while 42% opposed, and 6% didn't know or refused to answer.[51]

A March 2014 Quinnipiac poll found that 50% of Virginians supported same-sex marriage, while 42% opposed it.[52]

According to the Public Religion Research Institute (PRRI), in 2015 and 2016, respectively, 49% and 57% of Virginia residents supported same-sex marriage.[53][54] By 2017, support of same-sex marriage had increased to 60%, with 32% of respondents being opposed and 8% being unsure or undecided.[55]

See also

{{Portal|Law|LGBT|Virginia}}
  • LGBT rights in Virginia
  • Loving v. Virginia

References

1. ^1 October 6 2014 - Statement of the Attorney General of Virginia
2. ^1 {{cite web|url=http://www.nbc12.com/story/26713164/same-sex-marriage-now-legal-in-virginia | title=Same-sex marriage now legal in Virginia |accessdate=October 6, 2014}}
3. ^{{cite news |url=https://www.facebook.com/MarkRWarner/posts/10151583789527853 |title=Mark Warner |accessdate=July 16, 2013}}
4. ^{{cite web|last=Reese|first=Phil|title=Kaine; two more U.S. Senators back same-sex marriage|url=http://www.washingtonblade.com/2013/03/26/kaine-two-more-u-s-senators-back-same-sex-marriage/|work=The Washington Blade|accessdate=26 March 2013|date=March 26, 2013}}
5. ^{{cite web|url=http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+20-45.2 |title=§ 20-45.2. Marriage between persons of same sex. |publisher=virginia.gov |date= |accessdate=January 19, 2014}}
6. ^{{cite web|title=SB 884 Same sex marriages |url=http://leg1.state.va.us/cgi-bin/legp504.exe?971+sum+SB884|work=Code of Virginia Searchable Database|publisher=Virginia General Assembly|accessdate=February 16, 2013}}
7. ^[https://leg1.state.va.us/cgi-bin/legp504.exe?971+sum+SB884 SB 884 Same sex marriages.]
8. ^{{cite web|title=HB 751 Marriage; affirmation. |url=http://leg1.state.va.us/cgi-bin/legp504.exe?041+sum+HB751|work=Code of Virginia Searchable Database |publisher=Virginia General Assembly|accessdate=February 16, 2013}}
9. ^HB 706 General Assembly member; legislative standing to defend laws of the Commonwealth.
10. ^Rare win for LGBTQ Virginians as two equality bills pass full Senate vote
11. ^Va. Delegate speaks out on discrimination as last two LGBT bills are killed
12. ^SB 10 Same-sex marriages; civil unions
13. ^1 [https://www.arlnow.com/2016/01/05/ebbin-proposes-three-bills-regarding-same-sex-marriage-lgbtq-rights/ Ebbin Trying Again to Codify LGBTQ Rights In Virginia Law]
14. ^SB 603 Same-sex marriage; gender-neutral terms
15. ^HB 414 Same-sex marriage; marriage laws, gender-neutral terms
16. ^HJ 586 Constitutional amendment; marriage may exist only between a man and woman (first reference).
17. ^HJ 41 Constitutional amendment (second resolution); marriage.
18. ^{{cite news|title=Gay Marriage Amendment Passes in Virginia|url=http://www.foxnews.com/story/2006/11/07/gay-marriage-amendment-passes-in-virginia/|accessdate=January 19, 2014|newspaper=Fox News|date=November 7, 2006}}
19. ^VIRGINIA An Act to provide for the submission to the voters of a proposed amendment to Article I of the 3 Constitution of Virginia by adding a section numbered 15-A, relating to marriage.
20. ^SJ 2 Constitutional amendment marriage; marriage (first reference).
21. ^{{cite news|title=Gay couple from Norfolk challenges state's same-sex marriage ban in federal court|url=http://www.timesdispatch.com/news/state-regional/virginia-politics/gay-couple-from-norfolk-challenges-state-s-same-sex-marriage/article_fd1c2e26-4e07-5ad8-8b1b-7da3413f24ac.html|accessdate=February 5, 2014|newspaper=Richmond Times Dispatch|date=July 24, 2013}}
22. ^{{cite news|last=Wolf|first=Richard|title=Gay couples seek court case that might reach the Supreme Court|url=https://www.washingtonpost.com/national/religion/gay-couples-seek-court-case-that-might-reach-the-supreme-court/2013/12/13/0414b048-642d-11e3-af0d-4bb80d704888_story.html |accessdate=January 10, 2014 |newspaper=Washington Post |date=December 13, 2013}}
23. ^{{cite news|last=Perallta|first=Eyder |title=Virginia's New Attorney General Will Not Defend Gay-Marriage Ban|url=https://www.npr.org/blogs/thetwo-way/2014/01/23/265050444/virginias-new-attorney-general-will-not-defend-gay-marriage-ban|accessdate=January 23, 2014 |newspaper=NPR |date=January 23, 2014}}
24. ^{{cite news |url=http://www.latimes.com/nation/nationnow/la-na-nn-gay-marriage-utah-virginia-0140204,0,513966.story#ixzz2sOijDREZ |title=Gay-marriage battle unfolds in Virginia, Utah courts|author=Michael Muskal|publisher=Los Angeles Times|date=February 4, 2014}}
25. ^{{cite news|last=Wolf|first=Richard|title=Legal fight for gay marriage reaches Virginia court|url=https://www.usatoday.com/story/news/nation/2014/02/04/gay-lesbian-marriage-court-virginia/5193233/ |accessdate=February 4, 2014|newspaper=USA Today|date=February 4, 2014}}
26. ^{{cite news|last=Snow|first=Justin|title=Federal court rules Virginia same-sex marriage ban unconstitutional|url=http://www.metroweekly.com/poliglot/2014/02/federal-court-rules-virginia-same-sex-marriage-ban.html|accessdate=February 13, 2014|newspaper=Metro Weekly|date=February 13, 2014|deadurl=yes|archiveurl=https://web.archive.org/web/20140222050815/http://www.metroweekly.com/poliglot/2014/02/federal-court-rules-virginia-same-sex-marriage-ban.html|archivedate=February 22, 2014|df=mdy-all}}
27. ^{{cite news|last=Geidner|first=Chris|title=Federal Appeals Court Sets Quick Schedule For Virginia Marriage Appeal|url=https://www.buzzfeed.com/chrisgeidner/federal-appeals-court-sets-quick-schedule-for-virginia-marri|accessdate=March 10, 2014|newspaper=BuzzFeed|date=March 10, 2014}}
28. ^{{cite news|last1=Floyd|first1=Henry F.|last2=Gregory|first2=Roger|last3=Niemeyer|first3=Paul; U.S. Circuit Judges|title=Opinion, Bostic v. Shaefer, No. 14-1167|url=https://www.scribd.com/doc/235295017/14-1167-234-Opinion|work=U.S. Court of Appeals for the Fourth Circuit|agency=PACER Document 234|publisher=Scribd.com|date=28 July 2014|ref=Bostic-op-4th}}
29. ^{{cite news|last1=Rappeport|first1=Alan|title=Supreme Court Delays Gay Marriage in Virginia, a Day Before It Was Set to Begin|url=https://www.nytimes.com/2014/08/21/us/supreme-court-puts-gay-marriage-on-hold-in-virginia.html|accessdate=August 21, 2014|work=New York Times|date=August 20, 2014}}
30. ^{{cite web|title=The Two Women Pictured Here Just Made History in Virginia|url=http://mic.com/articles/100558/the-two-women-pictured-here-just-made-history-in-virginia}}
31. ^{{cite web|title=Same-sex couples start marrying in Virginia|url=http://www.wxii12.com/news/court-gay-marriages-in-virginia-can-begin-monday-afternoon/28969598}}
32. ^{{cite news |last1=Eilperin|first1=Juliet|last2=Morello|first2=Carol |title=Federal suit seeks to permit gay marriage in Virginia |url=https://www.washingtonpost.com/local/federal-suit-seeks-to-permit-gay-marriage-in-virginia/2013/08/01/c36da81c-fab2-11e2-9bde-7ddaa186b751_story.html |accessdate=August 3, 2013 |newspaper=Washington Post|date=August 1, 2013}}
33. ^{{cite news |last=Lavers |first=Michael K.|url=http://www.washingtonblade.com/2014/01/09/first-hearing-virginia-marriage-lawsuit-scheduled/|title=First hearing in Virginia marriage lawsuit scheduled |newspaper=Washington Blade|date=January 9, 2014 |accessdate=January 10, 2014}}
34. ^{{cite news|last=Robertson|first=Gary |title=Judge OKs class action status in Virginia for gay marriage lawsuit|url=https://www.reuters.com/article/2014/02/01/us-usa-gaymarriage-virginia-idUSBREA100EG20140201|accessdate=February 5, 2014|newspaper=Reuters|date=February 1, 2014}}
35. ^{{cite web|last=Urbanski|first=Michael (U.S. District Judge)|title=Order for Stay, Harris v. Rainey (March 31, 2014)|url=https://www.scribd.com/doc/215579281/5-13-cv-00077-138|work=U.S. District Court, W.D. Va. Case No. 5:13-cv-77|publisher=Scribd|accessdate=April 8, 2014}}
36. ^{{cite web|url=https://www.washingtonpost.com/news/true-crime/wp/2016/05/02/va-supreme-court-recognizes-unmarried-same-sex-couples-are-legal-too/ |author=Jackman, Tom |title=Va. Supreme Court recognizes unmarried same-sex couples are legal too |publisher=The Washington Post |date=May 2, 2016}}
37. ^{{cite web|url=http://www.richmond.com/news/virginia/government-politics/article_bc945d8d-2887-59e3-af2b-922ed3f5b08f.html|title=Norfolk, Virginia Beach and Richmond top list for most gay marriages in Virginia|publisher=Richmond Times-Dispatch|date=23 October 2015|author=Graham Moomaw}}
38. ^Washington Post: [https://www.washingtonpost.com/national/washington-post-poll-finds-virginians-are-split-on-gay-marriage-support-gay-couple-adoptions/2011/05/10/AFMohkiG_story.html "Washington Post poll finds Virginians are split on gay marriage; support gay couple adoptions," May 10, 2011], accessed May 10, 2011
39. ^{{cite news|url=https://www.washingtonpost.com/local/virginia-politics-northern-virginia-style/2011/05/10/AFAFmKlG_graphic.html |title=Virginia politics, Northern Virginia style |publisher=Washingtonpost.com |date=May 10, 2011 |accessdate=December 5, 2013}}
40. ^Public Policy Polling: "Virginia opposes gay marriage, statewide politicians popular," July 29, 2011, accessed July 29, 2011
41. ^Public Policy Polling: "Virginia down on Cantor, favors civil unions," December 13, 2011, accessed December 13, 2011
42. ^{{cite web|title=Virginia Miscellany|url=http://www.publicpolicypolling.com/main/2012/05/virginia-miscellany.html#more|publisher=Public Policy Polling|accessdate=May 4, 2012}}
43. ^{{cite web|title=Washington Post Poll|url=https://www.washingtonpost.com/wp-srv/politics/polls/postFLOHpoll_20120923.html|publisher=The Washington Post}}
44. ^{{cite news|title=Virginian's changing views on gay marriage|url=https://www.washingtonpost.com/virginians-changing-views-of-gay-marriage/2013/05/14/883b5f14-bd0e-11e2-9b09-1638acc3942e_graphic.html|accessdate=February 15, 2014|newspaper=Washington Post|date=May 14, 2013}}
45. ^{{cite web|url=https://www.hrc.org/files/assets/resources/VA_Memo_FinalFinal.pdf|title=New Attitudes in the New Dominion|publisher=Human Rights Campaign|date=July 11, 2013}}
46. ^{{cite news|url=http://www.washingtonblade.com/2013/07/11/poll-majority-of-virginians-support-same-sex-marriage/|title=Poll: Majority of Va. residents support same-sex marriage|date=July 11, 2013|publisher=Washington Blade}}
47. ^{{cite web|url=http://www.quinnipiac.edu/institutes-and-centers/polling-institute/virginia/release-detail?ReleaseID=1924|title=Big Gender Gap As Dem Holds Lead In Virginia Gov Race, Quinnipiac University Poll Finds; Voters Back Same-Sex Marriage 50 - 43 Percent|publisher=Quinnipiac|date=July 18, 2013}}
48. ^{{cite web|url=http://www.emersoncollegepollingsociety.com/ECPS_PR_8.29.13.pdf|title=Emerson College Poll|publisher=Emerson College Polling Society|date=August 29, 2013|accessdate=November 2, 2013|deadurl=yes|archiveurl=https://web.archive.org/web/20131109115948/http://www.emersoncollegepollingsociety.com/ECPS_PR_8.29.13.pdf|archivedate=November 9, 2013|df=mdy-all}}
49. ^{{cite web|title=Marist Poll|url=http://maristpoll.marist.edu/wp-content/misc/VAPolls/VA130917/Complete%20September%202013%20Virginia_NBC4_NBC%20%20News_Marist%20Poll%20Tables.pdf#page=21|publisher=Marist|accessdate=September 22, 2013}}
50. ^{{cite web|url=http://cnu.edu/cpp/pdf/oct%2016%20statewide%20election.pdf|title=Virginia Survey: 2013 Statewide Elections|date=October 16, 2013|publisher=Christopher Newport University}}
51. ^A Shifting Landscape
52. ^{{cite web|url=http://www.quinnipiac.edu/institutes-and-centers/polling-institute/virginia/release-detail?ReleaseID=2026|title=Virginia Voters Back Medical Marijuana 6-1, Quinnipiac University Poll Finds; Young Voters Drive Support For Gay Marriage To 50%|publisher=Quinnipiac|date=March 31, 2014}}
53. ^PRRI: American Values Atlas 2015
54. ^PRRI: American Values Atlas 2016
55. ^PRRI: American Values Atlas 2017
{{Same-sex marriage in the United States}}{{DEFAULTSORT:Same-Sex Marriage In Virginia}}

3 : 2014 in LGBT history|LGBT in Virginia|Same-sex marriage in the United States by state
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