For Release: Sept. 14, 2006
Contact: J. Tucker Martin or David Clementson
Email: jtmartin@oag.state.va.us or dclementson@oag.state.va.us
Phone: 804-786-2071
Statement of Attorney General Bob McDonnell on Marriage Amendment Opinion
“I have received requests from several members of the General Assembly to review the proposed constitutional amendment defining traditional marriage and answer specific questions concerning its potential applications upon passage. Today, I issued a formal opinion as Attorney General that the passage of the Marriage Amendment will not affect current legal rights and obligations of unmarried persons involving contracts, wills, advance medical directives, shared equity agreements, employer accident and sickness insurance policies, or protection under domestic violence laws. This opinion is based on our legal analysis of the proposed amendment read together with the current law.”
“The intent of the amendment is clear. The first sentence defines marriage as solely the union between one man and one woman. The second and third sentences collectively prevent attempts to establish same-sex marriage, or similar relationships that attempt to create marriage-like unions by any other name. The General Assembly’s own official explanation of the Marriage Amendment, passed on May 12th of this year, clearly states that all other legal rights, benefits and obligations continue to be available to unmarried persons. I can find no legal basis for the proposition that passage of the marriage amendment will limit or infringe upon the ordinary civil and legal rights of unmarried Virginians.”
“The method by which Virginians amend their Constitution is appropriately a deliberative and democratic process. Careful and thorough consideration should characterize the constitutional amendment process. A focus on the accurate legal and policy implications is essential. It is my hope that this opinion will settle the uncertainty about the legal ramifications of passage of the amendment and permit the debate to be on the important issue of what form marriage should take in the Commonwealth of Virginia.”
Click here for the Official Opinion.
