Oct 22, 2004  |  By: BRYAN ANDERTON  | COMMENTS     

Virginia gay rights groups expressed outrage this week at the introduction of a proposed state constitutional amendment that would ban gay marriage in the state.

Virginia House Joint Resolution No. 528, which was pre-filed on Oct. 8 for the 2005 session of the General Assembly, would add a subsection to the state’s Bill of Rights explicitly outlawing gay marriage.

The proposed amendment states: “To be valid or recognized in this Commonwealth, a marriage may exist only between one man and one woman. No provision of this Constitution shall be interpreted to require the Commonwealth to recognize or permit marriage between individuals of the same sex.”

The resolution’s main patron, Del. John A. Cosgrove (R-Chesapeake), could not be reached for comment by press deadline. Phone calls to the Family Foundation, a Virginia group that supports laws that exclude gay couples from marrying, were also not returned immediately.

Dyana Mason, the executive director of Equality Virginia, said the proposed amendment was unnecessary, and called the resolution an election-year tactic.

“Virginia already has a Defense of Marriage Act, and we have already prohibited civil unions and any other type of arrangement,” Mason said. “The only reason to pass this amendment would be to allow gay rights opponents another notch in their belt, particularly since next year is an election year.”

Earlier this year, Virginia passed the Marriage Affirmation Act, which critics decried as being one of the harshest anti-gay marriage laws in the country. That law — which said the state does not have to recognize civil unions, partnership contracts or “other arrangement[s] purporting to bestow any of the privileges or obligations of marriage” that are recognized in other states — went into effect on July 1.

The state has also had a Defense of Marriage Act on the books for a number of years that specifies that Virginia only recognizes marriages between men and women.

“I just think [the proposed amendment] is just gratuitous legislation,” Mason said. “It doesn’t serve any legal purpose here in Virginia — it’s not like Virginia’s courts are suddenly going to decide tomorrow that marriage is legal for same-sex couples.”

Josh Israel, the executive director of the Virginia Partisans Gay & Lesbian Democratic Club, agreed the legislation is completely unnecessary.

“It’s not surprising that there’s yet another effort to distract from the issues facing Virginia and further divide us, and it’s yet another message from the Republican majority to gay and lesbian Virginians that we’re not welcome,” Israel said. “It’s absolutely not necessary, other than to yet again make another statement of hatred and bigotry.”

Could reach voters in 2006
According to Virginia state law, in order to be adopted, the proposed amendment would have to pass in the same written form by a simple majority in two successive sessions of Virginia’s General Assembly, separated by an election.

Given that 2005 is an election year, if the measure is passed by the General Assembly in both 2005 and 2006, it would then be put on the ballot as a voter referendum in the fall of 2006.

Mason said Cosgrove, the resolution’s main patron, received a score of zero this year from Equality Virginia for his stance on gay bills, including his support for the Marriage Affirmation Act. But she also expressed a modicum of surprise that Cosgrove was the legislator to introduce the bill.

“He’s generally a fairly quiet fellow,” said Mason, “and he’s not super outspoken on our issues.”

Israel, meanwhile, said he was not hopeful about the resolution’s chances of being defeated.

“I don’t have a whole lot of optimism that we’ll be able to stop it with this anti-gay legislature,” Israel said. “These are the same people who passed the so-called Marriage Affirmation Act last year, and have shown themselves many times to be much more concerned about [appealing to] the Family Foundation than actually protecting families.”

Bryan Anderton can be reached at banderton@washblade.com.