Voters to Decide on Gay Unions

Virginia voters will be asked to consider three proposed amendments to the state constitution on Election Day: measures that would seek to ban same-sex marriages and civil unions, allow churches to incorporate and give the General Assembly authority to allow local governments to offer tax breaks to certain homeowners.

The proposal garnering the most attention has been Ballot Question 1, which would seek to define marriage as solely a union between one man and one woman. The measure would also ban any relationship between unwed couples that seeks to "approximate the . . . effects of marriage."

Even though same-sex marriages and civil unions are illegal in Virginia, supporters said the amendment is necessary to protect against judges who might rule that the current statute is unconstitutional, as happened in Massachusetts in 2003 and in New Jersey last week.

"Virginia voters will have a chance to vote for marriage," said Chris Freund, spokesman for the Family Foundation, a group that helped place the measure on Tuesday's ballot. "The only thing this will do is strengthen the current definition of marriage."

Opponents said that the amendment not only is discriminatory but goes much further than simply banning same-sex marriages and civil unions. They said that because the amendment reads in part that the state should not create or recognize "another union, partnership or other legal status to which is assigned the rights . . . of marriage" the ability of unwed heterosexual couples to engage in contracts covering such things as property ownership and allowing partners to determine health care might be in danger.

Opponents also said the measure could threaten protective orders and additional safeguards for unmarried victims of domestic violence by barring legal recognition of unmarried family or household members.

The "amendment would open a Pandora's box of unintended consequences by encouraging litigation, endangering current safeguards offered to unmarried victims of domestic violence and creating an environment hostile to business," said Del. Adam P. Ebbin (D-Alexandria).

Supporters disagreed, saying that the legal right to enter into contracts, wills and other agreements is not one that arises solely from marriage but from other statutes or common law.

If the measure passes, Virginia will join 20 states that have passed similar amendments. Six others have proposals on Tuesday's ballot.

Ballot Question 2 would delete a provision in the state constitution that prevents churches or any religious denomination from incorporating. The amendment is technical in nature; churches and others have been able to receive incorporation licenses in the state since 2002, when the provision was ruled unconstitutional by a federal district court.

Carl Tobias, a constitutional law professor at the University of Richmond, said the original provision dates to 1851, when the feeling among lawmakers was that "worship was not business" and that state government should not be involved in church affairs.

Ballot Question 3 would allow the General Assembly to grant local governments the power to provide tax breaks to property owners who erect buildings or improve older ones in conservation, redevelopment or rehabilitation areas.