A common canard among those against gay marriage and civil unions is that, well, all of those things that gay couples are looking for — power of attorney, inheritance rights, survivor benefits, etc. — can all be handled without using the “M” word, or even the “CU” words, through contracts and other legal arrangements. Right? So why rock the boat and insist on constitutional protections and the like? Huh?
Well, probably because of cretinous moves like this, the “Marriage Affirmation Act” just passed by the Virginia General Assembly.
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.
Virginia already doesn’t recognize civil unions (let alone gay marriages). What the bill seems to do is allow the legislature and courts to void any sort of marriage-like agreement or contract between same-sex couples.
Once this bill is enacted, it will likely deprive gay and lesbian Virginians of some of the few choices that they currently have to protect their families including:
– Advanced Medical Directives (also known as Power of Attorney)
– Custody decisions and arrangements
– Health Insurance coverage through those companies in Virginia currently able to offer benefits to unmarried partners.
– Estate planning and wills.
Because each of these “arrangements” grants rights contractually that are otherwise available only through marriage, they can be set aside or voided by the action of the General Assembly.
Isn’t that nice?
While one might think that Equality Virginia is exagerrating, there’s plenty of legal analysis to indicate they’re not. Hell, the way it’s written it could have serious effects on all Virginians, by assaulting basic contract law.
So remember that next time someone talks about how gay rights is all a lot of legalistic kerfluffle, and they have the same protections and abilities to contract up their relationships as anyone else.
Jefferson must be spinning in his grave.
(via Julia)
A lot of people don’t realize that there are more than 1,000 rights and privileges afforded to people who can put up $35 for a marriage license. As long as they are of the opposite sex, of course.
Here in Wisconsin, they’re in the process of passing the most restrictive anti-marriage-rights constitutional amendment in the whole country.
In other news: in Michigan, they’re on their way to passing a law that would allow medical personnel to refuse treatment to patients based on their sexual orientation – including emergency treatment.
Isn’t it about time everyone rises up against this fundamentalist attack on all human rights? Americans are better than this.
Adam, I talked about the Michigan law here. It’s not quite as clear-cut as that, and the ostensible intent is not toward anti-gay discrimination (though it certainly seems to allow for that). There are also, as I understand it, provisions to ensure emergency medical service, though that only makes it marginally less onerous.