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What does Virginia's new anti-gay law actually do?

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maddezmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 11:57 AM
Original message
What does Virginia's new anti-gay law actually do?
RICHMOND, Va. -- The law is short, only 70 words long.

But the newly passed amendment to Virginia's Affirmation of Marriage Act has caused an uproar among gays and lesbians who are unsure how it will affect them when it takes effect July 1.

~snip~

The law prohibits a civil union, partnership contract or "other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage." It does not define what types of arrangements it would cover, leaving many legal experts with conflicting opinions.
The drafters') thinking is that they want to put same-sex couples in the position so that they can't take simple legal steps to protect their interests," said Arthur S. Leonard, a professor at New York Law School who specializes in gay rights law. "This goes far beyond the attempt to marry."

Leonard said the law could apply retroactively to any legal contract same-sex couples have signed.


~snip~
more: http://www.newsday.com/news/local/wire/ny-bc-nj--anti-gaymarriagel0522may22,0,5493766.story?coll=ny-ap-regional-wire
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arwalden Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 12:42 PM
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1. I Believe This Would Cover Powers Of Attorney Agreements...
and in the case of a Medical Power of Attorney that a couple had between themselves... it would prevent one partner from making medical decision on behalf of the other. And since that decision-making responsibility is now invalid, the visitation privileges would also be invalid.

Couples who had purchased a home together would find it difficult to make certain that if one died the other would inherit the home. Instead it would go automatically to the closest relative (meaning that the home would have to be sold and the proceeds split.) --- Even if it were specifically bestowed in a will, the family of the deceased could easily challenge such a provision.

Any revocable trust that had been set up for a surviving partner can now be challenged as being RETROACTIVELY invalid.

The lawmakers in Virginia are disgusting hateful bigoted pigs.

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Not Me Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 12:46 PM
Response to Original message
2. Well, in my case, I declined a move there to a new job.
Last month. I thought about commuting in from Maryland, but it was a longer commute than I wanted to do. And I told the HR person why I declined. (The company is fairly highly rated in HRC and was sympathetic.)
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2Design Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 03:29 PM
Response to Reply #2
3. people who visit here will be affected too if they have an accident
Edited on Sat May-22-04 03:32 PM by 28erl
This is a very bigoted hateful discriminartory thing. I called all of my representatives but they don't care. I called all us congress too. They are just as bigotted. They want to make sure anyone who gets married somewhere else has NO RIGHTS at all here in Virgina.

They are protecting themselves from any federal judges. They allowed interracial marriages ONLY after Supreme court ruled it unconstitutional (for most of the southern states and Texas) back in 1967. There were about seven states like that.

That is why Bush worries about 'rogue' judges. They are the ones who have tried to protect people's rights. They over turned unconstitutional laws.

Also when they started integration, they just shut down the schools for years rather than intergate......

We have pat robertson and several other rw colleges here.

If you travel here, are gay, wind up in hospital. You partner can not visit you. Avoid this state. Do no travel here. Do not be a tourist. No businesses.

They wanted to make sure gays had no rights, absolutely unequivocally.

Meanness is a trait of the christian right wing fanatics. Not God's wish but theirs.... Catholic church is getting that way too.

Must be in the wafers. Good reason to avoid religious organizations. Very bigoted. Only they will be saved. NOT.



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dusty64 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 04:35 PM
Response to Original message
4. Did Warner sign this?
If so he is dead to me.
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dusty64 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 04:46 PM
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5. OK, I just found my answer, good for him.
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
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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 07:54 PM
Response to Original message
6. AP story - New Virginia law causes some gays to consider leaving state
New Virginia law causes some gays to consider leaving state

By JUSTIN BERGMAN, Associated Press Writer


Last Updated: May 22, 2004, 04:40:15 PM PDT


RICHMOND, Va. (AP) - Gay activists in Virginia think the state's tourist motto - "Virginia is for lovers" - needs a few extra words: "Some restrictions apply."

Gays and lesbians are angry and even threatening to leave the state over a new law that will prohibit civil unions and could interfere with contracts between same-sex couples. Some legal experts call it the most restrictive anti-gay law in the nation.

"I won't buy a home in Virginia. I'm done," said Bo Shuff, a 30-year-old gay rights activist who has rented in the Washington, D.C., suburb of Arlington for the last two years.

Added Edna Johnston, a lesbian who has scuttled plans to move her historic preservation consulting business from Washington to northern Virginia: "It's not a signal, it's a message: 'You're not welcome.'"

more... http://www.modbee.com/state_wire/story/8607747p-9475482c.html
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will89 Donating Member (15 posts) Send PM | Profile | Ignore Sat May-22-04 09:26 PM
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11. Thanks
There is hope in our fKed up world
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat May-22-04 09:38 PM
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aljones Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-22-04 09:24 PM
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10. It makes me sorry I am a virginian!!
that is exactly what it does!!
"girl sits with shame all over here face!!"
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat May-22-04 09:48 PM
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