Va. Ban's Reach Is At Center Of Fight

Supporters, including Virginia Attorney General Robert F. McDonnell (R), who voted for the amendment last year when he was a delegate, say the commonwealth is not in jeopardy of having existing laws invalidated. They argue that the right to enter into a contract isn't exclusive to marriage.

"I can't see how a judge would rule that basic rights such as wills and other contracts can be seen only as marital rights," said Lynne Marie Kohm, a professor of law at Regent University in Virginia Beach.

Nonetheless, several legal experts who have studied similar amendments said that, rather than clarifying legal questions, the measure will raise additional ones and that Virginia is sure to face court challenges.

In Ohio, where a similarly worded constitutional amendment was adopted in 2004, two appellate courts have concluded that it exempts unmarried couples from prosecution under domestic violence laws, while eight other courts have ruled otherwise. The matter is now before the Ohio Supreme Court.

"We don't know how far-reaching this type of amendment would ultimately be interpreted by the court. . . . That's the problem with the way this is worded," said Cheryl Lynn Hepfer, president of the American Academy of Matrimonial Lawyers and an expert in contractual law. "Often people don't understand the consequences until the courts interpret it. And sometimes it's interpreted more broadly and sometimes less broadly."

Aside from the legal arguments, opponents have also questioned the motivation of the amendment backers, saying that the ballot measure has been designed specifically to help U.S. Sen. George Allen (R-Va.) drive conservative voters to the polls to win reelection.

"This is a contrived initiative straight from Karl Rove's playbook," said Del. Brian J. Moran (D-Alexandria). "It has nothing to do with marriage and everything to do with partisan politics."

Republican drafters of the amendment point out that dozens of Democrats in the legislature voted to place it on the ballot.

"Opponents are looking for every single nuance to say why we've put this on the ballot," said Del. John A. Cosgrove (R-Chesapeake), another sponsor of the amendment. "All the brouhaha about unintended consequences and any partisan motivations are just scare tactics."