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By EDIE GROSS
Virginia voters approved a state constitutional amendment yesterday banning same-sex marriage, a victory for conservatives who worried "activist judges" might overturn a state law already blocking those unions.
In Richmond, supporters of the conservative-minded Family Foundation gathered at the convention center to celebrate with a three-tiered wedding cake.
"All along we knew a majority of Virginians would support marriage between one man and one woman," said Executive Director Victoria Cobb. "All that matters tonight is that traditional marriage is protected in the commonwealth."
Since 1975, Virginia law has prohibited same-sex marriage, but the state constitution never addressed the issue. The amendment won the support of 58 percent of the voters statewide. The city of Fredericksburg was the only area locality to vote against the measure.
The amendment, which takes effect Jan. 1, now defines marriage in the constitution as "a union between one man and one woman."
"Marriage was either going to be defined by the people or by the courts," Cobb said. "This is the people's definition of marriage."
Opponents of the amendment argued that it basically legalized discrimination against the state's gay and lesbian residents.
"On one level, nothing has changed. Same-gendered couples didn't have rights to get married in Virginia yesterday, and they don't have a right today," said the Rev. Stephanie Burns, pastor of Metropolitan Community Church in Fredericksburg, a church with many gay, lesbian and bisexual congregants.
"But it's sad that of all things, the state of Virginia has decided to put discrimination into its constitution, and of all places, put it into the Bill of Rights," Burns said. "The Bill of Rights now has a clause in it that denies people rights."
Del. Bob Marshall, R-Prince William, author of the legislation, said the amendment was not discriminatory.
"It has nothing to do with animosity," he said. "It has everything to do with preserving the fundamental basis of civilization."
Last year, Virginia was home to more than 220,000 gay, lesbian and bisexual residents, according to Census data analyzed by the Williams Institute on Sexual Orientation Law and Public Policy at the UCLA School of Law. That count includes nearly 20,000 same-sex couples, a 43 percent increase over figures gathered in 2000.
Same-sex couples aren't the only ones affected by the amendment, opponents have insisted, pointing to one particular paragraph in the measure:
"This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage," that section reads.
That language could negatively impact all Virginia couples, nullifying things such as hospital visitation rights and property agreements between unmarried partners, some have said.
In Ohio, some domestic-abuse cases were dismissed after judges said a similar amendment there limited the reach of domestic-violence statutes to married couples. Those rulings have been appealed.
"The biggest problem is someone going unprotected," said Karen Anderson, director of the Rappahannock Council on Domestic Violence. "We're talking about people's lives."
Voters approved two other constitutional amendments, both getting about 65 percent support.
One, basically a housekeeping measure, allows churches the right to incorporate. The state originally blocked churches from doing that, but that law was recently ruled unconstitutional. This amendment just brings the constitution into line with the ruling.
Another allows local governments to provide limited tax exemptions for new properties being built in areas designated as rehabilitation or redevelopment areas.
Virginia was one of eight states with a same-sex marriage amendment on the ballot yesterday. Twenty other states have already passed constitutional amendments banning gay marriage.
"Today Virginia voters said an institution as fundamental as marriage deserves to be enshrined in a document as fundamental as the constitution," said Jeff Caruso of Fredericksburg, executive director of the Virginia Catholic Conference, the public-policy arm of the Catholic dioceses of Arlington and Richmond.
"The General Assembly had it right when they said let the voters decide rather than let a judge unilaterally decide," Caruso said.
Burns said she was buoyed by the fact that 10 years ago, Virginians weren't even talking about gay marriage, let alone voting on the issue.
"Any time before we have made any gains in civil rights, there has been a backlash of fear. Right before civil rights become more open and available, there's that tightening up of resistance," she said. "My hope is that's where we are right now."
The Associated Press contributed to this report.
To reach EDIE GROSS:
Email: egross@freelancestar.com
