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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (43042)	5/9/2004 1:45:49 PM
From: Lane3	Respond to of 793818

Post Editorial Uncivil Disunion Sunday, May 9, 2004; Page B06 IN THE GATHERING debate over gay marriage, some state legislatures have moved to ban it, others to create civil unions or domestic partnerships. Then there's the Virginia General Assembly, which last month -- brushing aside proposed amendments from Gov. Mark R. Warner (D) -- passed with veto-proof majorities a jaw-dropping bill that bans not only civil unions but any "partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage." And it declares "void in all respects" and "unenforceable" in the commonwealth any such arrangement made in another state. In other words, not only is any public affirmation of gay relationships banned but even private legal arrangements between two people who love each other are prohibited. The bill's broad language would preclude contracts to share assets or provide for medical powers of attorney, and though its sponsors deny they intend to do so, it would seem to ban even certain contractual business relationships undertaken by people who happen to be of the same gender. The bill's only saving grace is that it so flagrantly violates norms of basic fairness and decency that federal courts are likely to balk. The Constitution, after all, declares that "No state shall, without the consent of Congress . . . pass any . . . law impairing the obligation of contracts" -- and this bill unambiguously voids existing contracts. The Constitution also guarantees the equal protection of law -- a promise that would surely be violated by a statute that forbids gays and lesbians to enter into the same private arrangements that opposite-sex couples are permitted to undertake. Mr. Warner pointed out these problems in attempting to amend the law. The governor, himself an opponent of gay marriage, pointed out as well that Virginia law already prohibits same-sex marriages and nowhere recognizes civil unions of any kind. But legislators were less interested in making policy than in sending a message: Gays and lesbians aren't welcome in Virginia. That message goes into effect July 1; the courts must make certain that it doesn't stay in effect for long. © 2004 The Washington Post Company