As reported by the ABA, Virginia’s Affirmation of Marriage Act, which became effective on July 1, reinforces the state’s seven-year-old ban on same-sex marriage. But the measure also voids any “civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage.”
Critics are alarmed by the potential ramifications of that language. They say it is so vague as to make the actual reach of the legislation uncertain. It is possible, they suggest, that the law could be interpreted to nullify a variety of contracts used by same-sex couples to create rights and benefits that otherwise would be denied to them because they aren’t married. Such agreements may include parenting and custody arrangements and advance medical directives.
Some worry that the law could undermine contracts between unmarried people of the same sex that govern both personal and business arrangements, such as real estate holdings, prenuptial agreements and business partnerships.
-Rob Hagy