Jan 27, 2006  |  By: ELIZABETH WEILL-GREENBERG  | COMMENTS     

The state’s gay leaders are calling on Virginia Gov. Tim Kaine to make sure voters know what they’re voting on in November when they decide a constitutional amendment banning all forms of legal recognition for gay couples, including marriage, civil unions and domestic partnerships.

Before Virginia’s proposed constitutional amendment-—-called the "most draconian" in the country by some gay activists-—-can be decided by voters, Kaine has to sign accompanying legislation sending it to the ballot.

Kaine, a Democrat who was sworn into office this month, has already gained national recognition after he was chosen by party leaders to deliver the response to President Bush’s State of the Union speech next week.

Kaine’s office has indicated he will sign the bill, an act the governor views as procedural, after the state Senate approved the measure 28-11 on Jan. 25.

The governor, although elected with the backing of most of the state’s gay groups, opposes gay marriage and civil unions. He has said he supports the first line of the amendment, which limits marriage to a union between one man and one woman.

But Kaine does not support the additional language, said Kaine spokeswoman Delacey Skinner, which also bans other forms of recognition that "approximate marriage."

"He was not comfortable with [the current amendment] language," Skinner said last week. "He preferred language that was not as broad."

When asked if Kaine would try to amend the ballot language, Skinner said, "Right now he is talking to his staff to get the full briefing on procedural matters with constitutional amendments. I am sure that when we get to the point of actually having the bill on his desk that he will make clear what his plans are."

Role is in question
The governor’s role in the constitutional amendment process is unclear, as historically his signature on the measure sending it to the ballot is largely procedural. A staff attorney with Legislative Services at the Virginia General Assembly said it is not clear if a governor’s ability to amend and veto all bills extends to the authorizing legislation that places constitutional amendments on the ballot. The issue could be litigated if the governor were to veto or amend the bill, she said.

Joseph Price, general counsel to Equality Virginia, said that Kaine can veto, amend, sign or line-item veto the bill that sends the amendment to the ballot.

"The governor should veto the ballot legislation," said Price. "The state of Virginia does not need to add discriminatory language, and the ballot legislation does not in any way truthfully report what this amendment will do if it’s passed."

Equality Virginia, as an organization, has not yet issued a statement about what Kaine should do, said Dyana Mason, the group’s executive director. It has, however, launched a bipartisan grassroots campaign to defeat the measure. The coalition will be comprised of people who support equal marriage rights, as well as those who just oppose the amendment, she said.

Many fear the constitutional amendment’s possible far-reaching consequences-—-like stripping unmarried couples of domestic violence protections, contracting rights and health benefits-—-will be obscured by the simple ballot language. House and Senate efforts to limit the amendment’s scope and ensure it couldn’t be used to deny rights beyond marriage were defeated.

A Senate committee approved ballot language that is more descriptive than the House version but still falls short of capturing the amendment’s breadth, critics say. The Senate’s ballot language says the amendment prohibits anything that "approximates marriage."

Gay leaders look to Kaine
"I do believe Governor Kaine has an important role to play in ensuring transparency and honesty in language that appears on the ballot," said Jay Fisette, an openly gay member of the Arlington County Board. "He has an obligation to ensure voters know the full breadth of what they’re being asked to vote on."

Josh Israel, president of the Virginia Partisans Gay & Lesbian Democratic Club, agreed, saying that Kaine "has some say in how the amendment gets phrased."

While it seems fairly certain that the amendment will go to voters in November, some gay rights advocates said Kaine should veto the bill that sends the measure to the ballot.

"We’re currently working with our members in Virginia to pressure Kaine not to sign the amendment to the ballot or, at the very least, to strip it of its harshest language," said John Marble, director of communications for the National Stonewall Democrats. "Any approval of an anti-marriage amendment would be an act of moral cowardice and ...