Gym Benefits Extended To Same-Sex Couples

"It is important that all employers have the right to set policies for their employees," said Dyana Mason, executive director of Equality Virginia, a gay civil rights group. "It will help support and retain the best candidates to work at U-Va., and it can help save families literally hundreds of dollars a year by not having to go to a private gym."

McDonnell, a possible candidate for governor who has been trying to bolster his ties to social conservatives, was careful to say his opinion dealt with any two adults who live together in the same house, not gay couples.

He added a footnote to his opinion, saying the school might be in violation of the state constitution if "personal relationships" become the criterion for extending gym memberships.

As amended by voters last fall, the Virginia Constitution prohibits "a legal status for relationships of unmarried individuals that intends to approximate the designs, significance or effects of marriage."

Spokesman Tucker J. Martin said McDonnell's opinion was about the "the use of gyms at the University of Virginia" and "not about a larger cultural or social issue."

Nonetheless, some social conservatives in the General Assembly aren't happy with the opinion.

Del. Robert G. Marshall (R-Prince William) said U-Va. appears to be making special exceptions for gay couples, whom he considers to be immoral. Marshall asked several pointed questions to drive home his opposition to same-sex relationships.

"What if you want to give the benefit to your pet? Does your cat get to go to the gym?" Marshall asked. "What if a guy is in a plural relationship with two girls, do they all get the benefit? If you are bisexual and all live together, do both he and she get to use the gym?"

Sen. R. Creigh Deeds (D-Bath), who represents Charlottesville and has been lobbying U-Va. to extend the gym benefit to gay couples, applauded McDonnell's opinion.

"It accurately reflects the law," Deeds said. "There are other matters you would have to revisit by changing state law, but not gym benefits."