In the ongoing debate going over same-sex marriage, the Commonwealth of Virginia is emerging as nothing short of fascist in its zeal to deprive gay people of their liberties–so much so that the curtailment of liberties threatens to spill over to non-gay relationships if a measure is approved in November. The hostile laws are causing many gays, especially couples, to leave Virginia in favor of the District of Columbia or Maryland.
In 2004, Virginia passed a law that not only banned just gay marriage, but even invalidated “civil unions, partnership contracts or other arrangements between persons of the same sex purporting to bestow the privileges or obligations of marriage.” Not even contracts between two gay partners would be honored. So for example if a couple wanted to pass along property by a will to a life-long partner, the will would stand to be invalidated by hostile family members if they chose. A “living will” arrangement where one partner could honor the wishes of the other to not continue life support when one of them is in a vegetative state could also be rejected as unenforceable. A host of other things like hospital visitation rights and even joint property ownership would also be put into question, never mind the possibility of adoption.
The attempted curtailment of so many rights is not just “conservative,” it’s downright draconian. No government would be suffered to inflict that much of an infringement of civil liberties on any other group of people, and I’m fairly certain the provisions are unconstitutional although nobody has as yet stepped up to challenge the law’s legality. The federal Constitution guarantees the right of people to contract with each other:
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
U.S. Constitution, Article I, Section 10
That Virginia would even try to take someone’s right to enter contracts with another person show’s the extent of the Commonwealth’s spite. But that’s not all…as if the law were not enough, the Commonwealth feels that additional punitive measures are required, as now there will be a proposed constitutional amendment on the ballot that prohibits “unmarried individuals” from “union, partnership or other legal status similar to marriage.” Of course, gay couples are not the only co-habitating unmarried couples out there, raising a question as to the status of the rights heterosexual unmarried couples may have under common law. If nothing else this ambiguity serves to highlight the sheer stupidity of a backwards state as it stumbles over itself in its haste to enshrine prejudice into its laws and constitution.
Needless to say, gay couples and residents are not taking this lying down. Some are fighting the amendment while others are taking themselves, their creativity and their tax dollars to other places. As one departing resident said for the linked article,
“As an African-American, having grown up during the Civil Rights movement in Birmingham, Ala., I am not willing to have my rights taken away from me by ignorant, religious zealots who don’t respect the constitutional understanding of separation of Church and State when scripting laws. It was apparent to me that things weren’t getting any better, but worse. Why should I continue to pay taxes to support such a hateful government?”
In the end it is Virginia who loses. As Richard Florida argues in his book, “Flight of the Creative Class: the New Global Competition for Talent“ the municipalities that are most successful in creating hubs of technology and creativity so essential in today’s information economy are those that show openness and tolerance for differences, including towards gays. There are a lot of highly educated and highly paid gay people in information technology and related fields who will decline to take jobs in and pay taxes to such a hostile state, letting DC and Maryland reap these gains at Virginia’s expense.
Quite apart from the economics argument, however, is the intuitive notion that you don’t treat people like second-class citizens and expect to be seen as anything other than a backwards state full of hatemongering idiots.
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