Let’s start with this:
[A] tossup: approval of a constitutional amendment restricting marriage to a man and a woman.
Support is down to 49 percent from 52 percent last month. With 45 percent now opposed, up from 42 percent last month, the measure – already adopted by 20 states – could go either way because the voter split is within the poll’s variable for error. Six percent are undecided.
Read that again. Shocking as it is, there is still a hope that Virginia can defeat the hateful bit of political deception that is Question #1 on the Virginia ballot. Its supporters claim that it amends Virginia’s constitution to reflect current law (gay marriage has been in illegal in Virginia to 30 years – when it comes to bigotry, most states got nothing on Virginia . . .), but it goes far beyond that. Here’s the text of the full amendment:
That 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.
If this amendment passes, it doesn’t merely throw another (significant) roadblock into eventually (as WILL happen) undoing the statutory ignorance that currently prohibits same-sex marriage, it goes much *much* further. How far? Take a look at what the Virginia Legal Review Committee has to say about it:
the [proposed Virginia] Amendment could be interpreted by Virginia courts to have the following effects:
• Invalidate rights and protections currently provided to unmarried couples under Virginia’s domestic violence laws;
• Undermine private employers’ efforts to attract top employees to Virginia by providing employee benefits to domestic partners, as the courts and public medical facilities may not be permitted to recognize those benefits; and
• Prevent the court’s from enforcing —
— private agreements between unmarried couples,
— child custody and visitation rights, and
— end-of-life arrangements, such as wills, trusts and advance medical directives, executed by unmarried couples.
Need some proof? Read the 70 page legal memorandum. Who’s the Virginia Legal Review Committee? Here’s a list of the over 200 Virginia lawyers, legal scholars, and constitutional officers that are members. Yes, that’s me on the list. And a number of excellent lawyers that I personally vouch for. Not enough? Then realize these names are on the list:
Virginia Governor Timothy M. Kaine, First Lady Anne Holton, and former Republican Governor Linwood Holton;
Former Attorneys General Stephen D. Rosenthal and Anthony F. Troy and former Republican candidate for Attorney General Wyatt B. Durette.
Also included are former Virginia Secretary of Education during the Wilder Administration, The Honorable James W. Dyke and former Virginia Secretary of Commerce and Trade, The Honorable Michael J. Schewel.
They might know something about Virginia law.
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It’s hard for me to write well about this. I don’t believe that this is a matter on which reasonable people can disagree, and I’m not interesting in pretending than anything other than naked bigotry and partisan manipulation lays behind this amendment. So it’s extraordinarily hard to stay civil on this. And, in fact, I don’t really think one ought to stay civil. One of the bigger problems facing the America today is its unwillingness to laugh at and ridicule the racism, bigotry, and ignorance that seems to be driving so much of the political efforts. You might say that that someone voting yes on Question #1 is simply following his religious beliefs, and ought to be respected. I say he’s an ignorant bigot, who ought to be ridiculed in the public square.
And that, ladies and gentlemen, is why I’ve really needed to stay quiet on this issue in the past month. Please help me not regret that – please *respect my basic dignity as a human being* – by voting NO on ballot question #1. Thank you. Sincerely.
