By now you've all heard about the new Virginia law, enacted on April 21, 2004, which nullifies any and all legal contracts and agreements between homosexual couples. No, it's not just a law which prohibits homosexual marriage but, by its very language, directly attacks any contract between members of the same-sex. This includes durable powers of attorney, directives to physicians, property contracts, business agreements and anything else you can think of. Why would a state enact a law specifically designed to strip rights away from citizens? Because Virginia is for haters.
HB 751 is a simple law. There is no fluff or fanfare. There is only this text.
CHAPTER 983
An Act to amend the Code of Virginia by adding a section numbered 20-45.3, relating to the Affirmation of Marriage Act for the Commonwealth of Virginia.
[H 751]
Approved April 21, 2004Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 20-45.3 as follows:
§ 20-45.3. Civil unions between persons of same sex.
A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.
Originally submitted by Delegate Robert Marshall, a Republican Representative to the Virginia House of Delegates for the 13th District, the law passed the state legislature by veto-proof margins after Democratic Governor Mark R. Warner tried to amend the bill to make it less restrictive.
It's difficult for me to imagine such punitive and discriminatory legislation being passed in the 21st century, yet here we are. Marshall provided the best explanation of the law's derisiveness when he said of gays, "If they don't like the expression of the will of the people of Virginia, they don't have to come here. This was done by freely elected representatives."
What a pathetic little man he is. And I seriously doubt that the people of Virginia had any idea that their legislature would be passing such a law when they elected them to office. I also believe it won't help their election chances in the future.
In Marshall's case, he wraps himself in bigotry and hatred and wears them like medals, thinking himself above reproach on this issue. Even when contacted by a happily married heterosexual man who took offense to the law and wished to express his consternation, Marshall responded with smug contempt. He attempted to hide his hate and bigotry behind the welfare of children. In direct contradiction of the truth and facts, he claims that homosexuals are disease-producing vermin who contaminate everything around them. He also supported a law which would have made public sex involving only the mouth or the anus a felony — and he claims it wasn't aimed at homosexuals (why isn't heterosexual sex included in that felony description?). And there's more in his response that will disgust you (if you're a human being, something Marshall can't claim). You can see the original letter and Marshall's response here. It's important to note that, once again, this conservative piece of shit uses the Bible to justify his hate, his bigotry, his discrimination. Am I the only one who sees a religious pattern in all of the anti-gay rhetoric being heard around this country?
Governor Warner's spokesman Kevin Hall sees things more clearly. When asked about the new law, he said, "Governor Warner has devoted considerable time and effort to promoting Virginia tourism, and this certainly will not help."
No, it won't help at all.
The wording of the law is most problematic as it now stands to nullify any legal contract entered into between consenting adults which in any way purports to "bestow the privileges or obligations of marriage" to members of the same sex. Despite those who would argue differently, the law negates any durable power of attorney, will, directive to physicians, or other legal agreement which includes any of the rights of marriage.
What the Virginia legislature didn't realize — or perhaps they did — is that the law negates legal contracts between fathers and sons, brothers, business partners and other legally enforceable relationships which have nothing to do with homosexuals. If these contracts bestow any privilege or right which can be in any way construed to relate to marriage, the law negates the agreement.
Once you take that into consideration and realize that the law also discriminates against homosexuals, it's easy to realize why Virginia must be governed by the Ku Klux Klan (with Marshall sitting in the governing seat). The Washington Post put it best when they said that the law "flagrantly violates norms of basic fairness and decency."
To pass a law simply to punish a minority class of people is the very foundation of why America split away from England more than 200 years ago. Yet here we are practicing precisely what we hated so much then.
The backward-thinking bigotry that oozes from every letter of this law calls into question the very humanity of those who passed it. If the concern is over protecting heterosexual marriage, why not pass a law to ban divorce? More than 50% of all heterosexual marriages end in divorce — all without a single homosexual influence.
The truth is that it's easier to punish a minority than it is to demand action from the majority, and this at least looks as though you are doing something. In this case, it's the wrong thing.
This law will not reduce the incidence of divorce among heterosexual couples. It will not diminish the rate of increase in non-traditional families (single parent, for instance). It will not protect anything except the church's control over the conservative right-wing cultists who supported and passed this law.
But I am thrilled to realize that the law violates several tenets of the Constitution and will rapidly be thrown out by the Federal judiciary. You see, the Constitution specifically states that "No state shall, without the consent of Congress… pass any… law impairing the obligation of contracts." Virginia has just done that very thing, unambiguously voiding existing contracts between homosexuals, business partners, family members and any other relationship in which the two contracted parties are of the same sex.
Perhaps to ensure there was no confusion about Virginia thumbing its nose at the Constitution, the law also clearly violates the equal protection clause. The Constitution ensures that all citizens are to be protected equally under the law (stating that no law can discriminate against any group of people). The Virginia statute surely violates this Constitutional protection by forbidding gays and lesbians (and any other individuals of the same sex) from entering into legal contracts, agreements and other private arrangements which opposite-sex couples are permitted to undertake.
Taking effect July 1, Virginia's hate law (as I will aptly call it) is a new declaration of war — a culture war — which will not go unanswered.
In response to Virginia's new hate law, a boycott of the state and businesses which are headquartered there has been put into motion. Virginia is for Haters is intended to bring political and economic pressure to Virginia in an attempt to undo the damage this law has already created.
Since the Virginia legislature has already made clear that gays and lesbians aren't welcome in their state, I fully support the boycott.
People living there may think this is counterproductive as it targets their economy and will hurt them, but it's unmistakably their fault that this situation exists to begin with. Either they supported the new law, in which case they deserve the boycott and whatever economic damage it can bring to the state, or they were so out of touch with their own government that they didn't know what they were up to, in which case the boycott is a wake-up call to pay attention and get involved. In either case, however, I have no sympathy for anyone who feels victimized by the boycott.
Victimized? Who's been victimized in all of this? I don't think it's the people of Virginia or the businesses which are run from that state.
I support the boycott. I support any action which will bring economic and political harm to Virginia. I support any action which will bring this law before the Federal judiciary. I support the recall of the majority of the Virginia legislature (especially Marshall). I support any attempt to use the law against the legislature's members (any same-sex business agreements out there that can be challenged after July 1?). I support the full cessation of travel to Virginia and any other activity that will help isolate this backward little state which is so full of hate and contempt for others. Perhaps the legislature would like to reintroduce slavery or to take away women's suffrage while they're at it.
To quote from some of the comments posted across the Internet about this law, I close with this.
Marshall's rantings and Attorney General Kilgore's opinion notwithstanding, this *is* about the enforceability of private contracts legally entered into in other states. Kilgore's opinion used the phrase "exclusive to," but this word does not appear in the actual legislation. The clear statement of the legislation is that any Virginia court can declare unenforceable (in Virginia) any agreement between two partners, on any subject, if the court decides it involves *any* "privilege or obligation" that comes with marriage (i.e.,, that is granted to married partners by law or custom), not just "privileges or obligations" that are *exclusive* to marriage. Marshall is not only a bigot but a hypocrite when he claims otherwise.