Virginia Question 1, Definition of Marriage Amendment (2006)
| Virginia Question 1 | |
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| Election date |
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| Topic Family-related policy |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Virginia Question 1 was on the ballot as a legislatively referred constitutional amendment in Virginia on November 7, 2006. It was approved.
A “yes” vote supported establishing that marriage is the union of one man and one woman and that no other relationship shall have the legal status, rights, benefits, obligations, qualities, or effects of marriage. |
A “no” vote opposed establishing that marriage is the union of one man and one woman and that no other relationship shall have the legal status, rights, benefits, obligations, qualities, or effects of marriage. |
Aftermath
U.S. District Court
The amendment was struck down as unconstitutional by U.S. District Judge Arenda L. Wright Allen on February 13, 2014.[1]
Fourth Circuit Court
The US Court of Appeals for the Fourth Circuit became the second federal court to make a ruling about same-sex marriage on July 28, 2014. This decision supported the previous decision by Judge Arenda L. Wright Allen, who struck down Virginia's same-sex marriage ban earlier in 2014.[2]
In their decision, the court said:[3]
| “ | The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance. | ” |
As a decision made by a federal appeals court, this decision also has an impact on similar measures in North Carolina and South Carolina.
On October 6, 2014, the Supreme Court of the United States declined to hear the case, thus allowing the ruling of the Fourth Circuit Court to stand and legalizing same-sex marriage in Virginia.[5]
U.S. Supreme Court
- See also: Obergefell v. Hodges
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[6]
Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[7]
Election results
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Virginia Question 1 |
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| Result | Votes | Percentage | ||
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1,328,537 | 57.06% | ||
| No | 999,687 | 42.94% | ||
Text of measure
Ballot title
The ballot title for Question 1 was as follows:
| “ | Shall Article I (the Bill of Rights) of the Constitution of Virginia be amended to state: "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. 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. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.?" | ” |
Background
Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.
- 1998: Alaska
- 2000: Nebraska
- 2002: Nevada
- 2004: Arkansas
- 2004: Georgia
- 2004: Kentucky
- 2004: Louisiana
- 2004: Michigan
- 2004: Mississippi
- 2004: Missouri
- 2004: Montana
- 2004: North Dakota
- 2004: Ohio
- 2004: Oklahoma
- 2004: Oregon
- 2004: Utah
- 2005: Kansas
- 2005: Texas
- 2006: Alabama
- 2006: Colorado
- 2006: Idaho
- 2006: South Carolina
- 2006: South Dakota
- 2006: Tennessee
- 2006: Virginia
- 2006: Wisconsin
- 2008: Arizona
- 2008: California
- 2008: Florida
- 2012: North Carolina
Path to the ballot
- See also: Amending the Virginia Constitution
A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
See also
External links
- Virginia Department of Elections, "Historical Elections Database"
- The Franklin News-Post, "Sample Ballot," October 18, 2006
Footnotes
- ↑ Los Angeles Times, "Virginia's gay marriage ban struck down by federal judge," February 13, 2014
- ↑ USA Today, "Appeals panel strikes down Virginia gay marriage ban," July 28, 2014
- ↑ NBC News, "Second Appeals Court Strikes Down Same-Sex Marriage Ban," July 28, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
- ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
- ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
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