2006 Virginia Question 1

Text

The text of the amendment states:

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.

Enactment

Legislative process

The Virginia Constitution requires amendments to be passed in two different sessions separated by a general election. The amendment, named after Delegate Bob Marshall and Senator Stephen Newman, was approved by the Virginia General Assembly in the 2005 and 2006 sessions, which were separated by the November 2005 general election. It was thus put on the November 2006 election ballot for approval by voters.

Voting results

Criticism

The far-reaching nature of the Marshall-Newman Amendment intended to reinforce its Marriage Affirmation Act has attracted criticism. Writing in The Washington Post, Jonathan Rauch argued that:

Virginia appears to abridge gay individuals' right to enter into private contracts with each other. On its face, the law could interfere with wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts. If a gay Californian was hit by a bus in Arlington, her medical power of attorney might be worthless there.

Virginia Attorney General Bob McDonnell issued a 2006 opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or advance health care directives between unmarried people.

Ruling of unconstitutionality

Main article: Bostic v. Schaefer

On February 13, 2014, U.S. District Judge Arenda Wright Allen of the Eastern District of Virginia in Norfolk ruled that the amendment was unconstitutional, and ordered Virginia not to enforce it against same-sex couples. In her opinion, Judge Allen granted a stay pending appeal.

On July 28, 2014, the Fourth Circuit Court of Appeals issued a 2–1 opinion upholding the lower court's decision, although this was also appealed.

On October 6, 2014, the Supreme Court of the United States denied a writ of certiorari and thus let the Fourth Circuit Court's decision stand, which legalized same-sex marriage in Virginia.

Since the Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, all such bans throughout the United States are unconstitutional.

Repeal attempts

Although the amendment is unconstitutional and unenforceable since 2014, it remains part of the Virginia Constitution. Legislators, including State Senator Adam Ebbin (D) and Delegate Mark Sickles (D), have introduced bills in 2015 and 2016 aiming to repeal the amendment. Ebbin prefiled another bill to repeal the amendment on November 18, 2019, which the Senate voted to continue in 2021.

House Joint Resolution No. 9, which replaces the Marshall-Newman Amendment with text banning marriage discrimination based on sex, gender, or race passed the Virginia House of Delegates and Virginia Senate in 2025. A referendum to repeal the Marshall-Newman Amendment will go before Virginia voters in 2026.

Pre-decision opinion polls

References

References

1. [https://historical.elections.virginia.gov/ballot_questions/view/2365/ 2006 - Statewide - Question 1 Marriage]
2. [https://www.elections.virginia.gov/resultsreports/registrationturnout-statistics/ Registration/Turnout Reports Summary of Virginia Registration & Turnout Statistics]
3. (November 2006). "Proposed Constitutional Amendment, Article I, Section 15-A". Virginia State Board of Elections.
4. "Official Results, 2006 election". Virginia State Board of Elections.
5. Rauch, Jonathan. (June 13, 2004). "Virginia's New Jim Crow". [[The Washington Post]].
6. McDonnell, Robert. (September 14, 2006). "Opinion number 06-003". [[Attorney General of Virginia]].
7. Wright Allen, Arenda L.. (February 13, 2014). "Bostic, London, Schall & Townley v. Rainey & Schaeffer".
8. (28 July 2014). "Opinion, ''Bostic v. Shaefer'', No. 14-1167". Scribd.com.
9. (6 Oct 2014). "Order List (10/06/2014)".
10. Times-Dispatch, MARKUS SCHMIDT Richmond. (6 October 2014). "Same-sex couples marry as the unions become legal in Va.".
11. (July 29, 2016). "Virginia still has laws banning gay marriage. Should that matter?". Washington Post.
12. (October 19, 2016). "Openly gay legislators rally to remove defunct same-sex marriage bans from Virginia law and constitution". GayRVA.ocm.
13. . (). ["Senate Joint Resolution No. 3"](https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SJ3). *Commonwealth of Virginia*.
14. . ["HJ9 Constitutional amendment; marriage between two individuals."](https://lis.virginia.gov/bill-details/20251/HJ9). *Commonwealth of Virginia*.
15. [https://www.insideelections.com/news/article/ballot-measure-update Ballot Measure Update]
16. [https://www.washingtonpost.com/archive/politics/2006/10/17/53-of-voters-say-they-back-va-same-sex-marriage-ban-span-classbankheadonly-area-against-measure-is-nva-according-to-poll-span/6e9d212e-0623-433a-a91b-4abc5a92ef14/ 53% of Voters Say They Back Va. Same-Sex Marriage Ban]