State's Marriage Proposal Hits Home in Arlington

After earning a degree in political science, Fisette was waiting for a Peace Corps posting in 1979 when he was offered a job coaching the varsity water polo team at the University of Pittsburgh. He accepted, but the campus abruptly dropped its team. He took three years off, spending time in San Francisco and Europe, where he biked in England and on the continent and enjoyed "one of the best years of my life."

He returned to Pittsburgh to begin a graduate program in public and international affairs. In 1983, he moved to Arlington and took a job at the General Accounting Office. Within three months he'd met Rosen, now president of his own consulting firm.

They fell in love.

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Most Virginians are probably unaware that the proposed constitutional amendment would jeopardize the rights of straight unmarried couples, too, opponents said. House Joint Resolution 41 provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." It also prohibits the state and its jurisdictions from "creating or recognizing a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Lastly, it bars the state and its jurisdictions from "creating or recognizing another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

In other words, the amendment outlaws gay marriage, civil unions, domestic partnerships and common law marriages between unmarried heterosexuals. The consequences are innumerable, said Del. Adam P. Ebbin (D-Alexandria).

Opponents of the measure also argue that the language that would be presented to voters is vague and could interfere with all unmarried couples making decisions about such things as health care and property ownership. They said the measure as written could threaten protective orders and additional safeguards for unmarried victims of domestic violence by barring all legal recognition of unmarried family or household members.

"Does this mean that medical powers of attorney, [for] those charged with making medical decisions, won't be recognized?" said Ebbin, who is also openly gay. "Is the right to insure an unmarried partner on your company's health insurance policy not something that would be a legal status that approximates marriage? I don't know, but it opens up a Pandora's box of individual lawsuits where people can challenge any arrangement whatsoever of any couple they don't like."

In Utah and Ohio, where similar amendments are in place, officials have been ordered not to bring to court domestic violence cases that involve unmarried couples, because those relationships aren't recognized, Ebbin said.

The amendment "is really dangerous and has the potential of taking away other rights from Virginians," said Del. Kristen J. Amundson (D-Fairfax), who also argued against the measure on the floor.

The right of governments to prohibit gay marriage has been debated in courtrooms and statehouses across the country.

In Maryland last week, a Baltimore judge ruled that banning same-sex marriage is unconstitutional, pushing the issue to the forefront as the state's 90-day legislative session convened.