Warner chose to amend, rather than veto, the bill, and his amendment would have stripped out the "contract" language. His office believes that the bill violates several aspects of the constitution, including the "full faith and credit" clause, which recognizes legal agreements of other states, the equal protection clause, and a provision that says government cannot interfere with private contracts.
But lawmakers rejected his amendment last month, and then voted overwhelmingly to pass the bill into law regardless of Warner's approval.
Marshall said Warner's amendment was unnecessary.
"This clearly talks about rights that evolve exclusively from marriage. When you look at my original bill, the legislative intent is clearly spelled out in there," Marshall said, noting that Attorney General Jerry Kilgore has already issued an opinion to that effect.
Marshall also said if Warner seriously thought the bill was flawed, then he should have asked Marshall to change the bill before the General Assembly approved it during the regular session.
"Had the governor been serious about trying to address himself to the law instead of play to his supporters he would have come to me and said, 'Look, would you mind changing the statute to accommodate the following concerns,'" Marshall said.
"To suggest that two-thirds of the General Assembly wants to forbid private contracts, whether they're between homosexual people or heterosexual people, is laughable."
Because the legislature voted, after rejecting Warner's amendments, to pass the bill anyway, the bill will take effect July 1 without his signature.
Warner spokeswoman Qualls said, "So the governor has no remedy at this point for what he believes is not only unconstitutional but a message that he thinks put Virginia out of the mainstream."
http://www.freelancestar.com/News/FLS/2004/052004/05182004/1367924