Feb 27, 2004  |  By: ADRIAN BRUNE  | COMMENTS     

RICHMOND, Va. — Days before President Bush sanctioned a constitutional amendment to ban gay marriage, the Virginia Senate passed a resolution imploring Congress to take action on the federal measure.

But certain members of the state’s congressional contingent have already indicated that Bush’s support and the state resolution will have no bearing on their decisions to vote for or against the Federal Marriage Amendment put forth by U.S. Rep. Marilyn Musgrave (R-Colo.). Three Virginia lawmakers, Rep. Jo Ann Davis (R-1st District), Rep. Eric Cantor (R-7th District), and Rep. Bob Goodlatte (R-6th District) have co-sponsored the legislation since its introduction, while another, Rep. Jim Moran (D-8th District), has condemned it.

“I wasn’t elected to simply shore up the majority. I have a conscience and some deeply felt philosophical views,” Moran said. “States have traditionally defined marriage laws. It is not the federal government’s place to usurp this authority and undo the will of the people in states like Vermont, where these decisions have been made.”

The resolution, introduced by Sen. Kenneth Cuccinelli (R-Fairfax), sailed through the Senate in a Feb. 19 session with a 29-11vote and without debate. The House of Delegates approved its version of the joint resolution, authored by Del. Robert McDonnell (R-Virginia Beach), last month by a vote of 77-18.

Both bills are expected to gain authorization by each other’s respective Rules Committees on their way to a united declaration before the end of the session on March 14. Since the resolution has no legal impact on the state, it does not require Gov. Mark Warner’s signature to take effect, according to Ellen Qualls, the governor’s spokesperson.

“It’s the sense of the General Assembly that Congress must pass the Federal Marriage Amendment,” Qualls said. “Governor Warner regards a Constitutional amendment regarding same-sex marriage unnecessary.”

Citing a nationwide attack on marriage, proponents of the Virginia resolution called it an imperative to ensure that the state’s DOMA laws are enforceable. Recent decisions allowing same-sex marriage in Massachusetts and San Francisco lent urgency to the joint initiative and its authorization by the Assembly, they said.

“It enshrines in the Constitution effectively what is Virginia law today, that marriage is between one man and one woman, and that there are no analogous relationships under the law,” Cuccinelli told the Associated Press. He declined Blade requests for comment.

Critics of the resolution say it amounts to little more than a symbolic and over-reactive frivolity that only serves to enforce discrimination within the state itself.

“Members of Congress from other states are certainly not influenced by what the Virginia Legislature has to say,” said Dyana Mason, the executive director of Equality Virginia. “It might serve to strengthen the resolve of the FMA’s co-sponsors. As for coercing the other members of the Virginia delegation to sign on to the bill, I only hope they don’t fall victim to the reasoning behind it.”

House leads, Senate follows
To shore up its resistance to court challenges by same-sex marriage advocates, on Feb. 20, the House also passed a bill affirming Virginia’s ban on gay unions. The week before, the Richmond Circuit Court denied eight same-sex couples marriage licenses on the premise that they violated Virginia law.

The U.S. House Judiciary Committee has not yet scheduled hearings on Musgrave’s proposed Federal Marriage Amendment, but Tuesday, Republican leaders in the Senate Judiciary Committee said they would begin reviewing the issue next week. While neither Virginia senator sits on the Judiciary Committee, Allen — the junior senator — backed the amendment before the state assembly’s decree.

Rep. trong>Jim Moran (D-Va.) said this week that he plans to oppose any federal marriage amendment that is voted on in the House of Representatives. (AP Photo by Juana Arias/Washington Post)

“We must treat everyone during this important debate with dignity and respect while continuing to hold to our principles,” he said. “I will continue to support the Defense of Marriage Act, which was passed by Congress, and will support measures statutorily or constitutionally, if necessary, to protect the important institution of marriage.”

Meanwhile, four Virginia representatives serve on the House Judiciary Committee, including Goodlatte, a co-sponsor of the FMA. However, opponents could have a key ally in Rep. Robert Scott, a Democratic member of the Judiciary Subcommittee on the Constitution. While Scott was not available for comment at press time, Moran said he believed the Virginia Assembly’s resolution would not affect Scott’s opposition to the amendment.

One Virginia Representative, Tom Davis, has ...