2006 Virginia Question 1

Amendment to the Constitution of Virginia February 2026 Question 1 1,328,537 999,687 2,398,589 4,554,683 51.12 300px County and independent city results 300px Congressional district results 300px Precinct results Yes: #B6C8D9 50–60% #7D9CBB 60–70% #47729E 70–80% #28497C 80–90% #2B2457 90%+ No: #DEDEBD 50–60% #BCBC83 60–70% #8B8B54 70–80% #5D5D2D 80–90% Tie: #EBEEED 50% Sources:2006 - Statewide - Question 1 MarriageRegistration/Turnout Reports Summary of Virginia Registration & Turnout Statistics Virginia Marriage Amendment Virginia November 7, 2006 2006 Virginia Question 1, the Marshall-Newman Amendment (also referred to as the Virginia Marriage Amendment) is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage".http://www.sbe.virginia.gov/cms/documents/2006_Constitutional_Amendments/2006ques_marriage_APPROVED.pdf Proposed Constitutional Amendment, Article I, Section 15-A November 2006 Virginia State Board of Elections December 30, 2006 dead https://web.archive.org/web/20061214010734/http://www.sbe.virginia.gov/cms/documents/2006_Constitutional_Amendments/2006ques_marriage_APPROVED.pdf December 14, 2006 The amendment was ratified by 57% of the voters on November 7, 2006.http://www2.sbe.virginia.gov/web_docs/Election/results/2006/Nov/htm/index.htm Official Results, 2006 election Virginia State Board of Elections December 30, 2006 dead https://web.archive.org/web/20070202004357/http://www2.sbe.virginia.gov/web_docs/Election/results/2006/Nov/htm/index.htm February 2, 2007 It became part of the state Constitution as Section 15-A of Article 1. In 2014, the amendment was ruled unconstitutional in Bostic v. Schaefer. Voters will decide whether to repeal the amendment in 2026. Text The text of the amendment states: 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. Enactment Legislative process The Virginia Constitution requires amendments to be passed in two different sessions separated by a general election. The amendment, named after Delegate Bob Marshall and Senator Stephen Newman, was approved by the Virginia General Assembly in the 2005 and 2006 sessions, which were separated by the November 2005 general election. It was thus put on the November 2006 election ballot for approval by voters. Voting results Amendment 1 1328537 999687 52.66 - Official Results Criticism The far-reaching nature of the Marshall-Newman Amendment intended to reinforce its Marriage Affirmation Act has attracted criticism. Writing in The Washington Post, Jonathan Rauch argued that: Virginia appears to abridge gay individuals' right to enter into private contracts with each other. On its face, the law could interfere with wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts. If a gay Californian was hit by a bus in Arlington, her medical power of attorney might be worthless there.https://www.washingtonpost.com/wp-dyn/articles/A36314-2004Jun12.html Virginia's New Jim Crow Rauch Jonathan Jonathan Rauch The Washington Post June 13, 2004 January 13, 2007 Virginia Attorney General Bob McDonnell issued a 2006 opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or advance health care directives between unmarried people.http://www.oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2006opns/06-003Newmanetal.pdf Opinion number 06-003 September 14, 2006 Robert McDonnell Bob McDonnell Attorney General of Virginia February 25, 2012 It is my opinion that passage of the marriage amendment will not affect the current legal rights of unmarried persons involving contracts, wills, advance medical directives, shared equity agreements, or group accident and sickness insurance policies, or alter any other rights that do not "approximate the design, qualities, significance, or effects of marriage", or create "the rights, benefits, obligations, qualities, or effects of marriage." Ruling of unconstitutionality Bostic v. Schaefer On February 13, 2014, U.S. District Judge Arenda Wright Allen of the Eastern District of Virginia in Norfolk ruled that the amendment was unconstitutional, and ordered Virginia not to enforce it against same-sex couples. In her opinion, Judge Allen granted a stay pending appeal.https://www.scribd.com/embeds/207075415/content Bostic, London, Schall & Townley v. Rainey & Schaeffer February 13, 2014 February 14, 2014 Arenda L. Wright Allen On July 28, 2014, the Fourth Circuit Court of Appeals issued a 2–1 opinion upholding the lower court's decision, although this was also appealed.Floyd Henry F. Gregory Roger Niemeyer Paul; U.S. Circuit Judges Opinion, Bostic v. Shaefer, No. 14-1167 https://www.scribd.com/doc/235295017/14-1167-234-Opinion U.S. Court of Appeals for the Fourth Circuit PACER Document 234 Scribd.com 28 July 2014 Bostic-op-4th On October 6, 2014, the Supreme Court of the United States denied a writ of certiorari and thus let the Fourth Circuit Court's decision stand, which legalized same-sex marriage in Virginia.6 Oct 2014 Order List (10/06/2014) https://www.supremecourt.gov/orders/courtorders/100614zor.pdf 28 Aug 2022 supremecourt.govhttp://www.timesdispatch.com/u-s-supreme-court-paves-way-for-gay-marriage-in/article_b69318d2-ad92-5e33-a276-8da57520ef04.html Same-sex couples marry as the unions become legal in Va. MARKUS SCHMIDT Richmond Times-Dispatch 6 October 2014 Since the Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, all such bans throughout the United States are unconstitutional. Repeal attempts Although the amendment is unconstitutional and unenforceable since 2014, it remains part of the Virginia Constitution. Legislators, including State Senator Adam Ebbin (D) and Delegate Mark Sickles (D), have introduced bills in 2015 and 2016 aiming to repeal the amendment.https://www.washingtonpost.com/local/virginia-politics/virginia-still-has-laws-banning-gay-marriage-should-that-matter/2016/07/28/44afec36-542a-11e6-b7de-dfe509430c39_story.html Virginia still has laws banning gay marriage. Should that matter? Washington Post July 29, 2016http://www.gayrva.com/news-views/openly-gay-legislators-rally-to-remove-defunct-bans-on-same-sex-marriage-from-virginia-law-and-constitution/ Openly gay legislators rally to remove defunct same-sex marriage bans from Virginia law and constitution GayRVA.ocm October 19, 2016 October 20, 2016 October 21, 2016 https://web.archive.org/web/20161021005315/http://www.gayrva.com/news-views/openly-gay-legislators-rally-to-remove-defunct-bans-on-same-sex-marriage-from-virginia-law-and-constitution/ dead Ebbin prefiled another bill to repeal the amendment on November 18, 2019, which the Senate voted to continue in 2021.https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SJ3 Senate Joint Resolution No. 3 Commonwealth of Virginia 2020-09-15 House Joint Resolution No. 9, which replaces the Marshall-Newman Amendment with text banning marriage discrimination based on sex, gender, or race passed the Virginia House of Delegates and Virginia Senate in 2025.https://lis.virginia.gov/bill-details/20251/HJ9 HJ9 Constitutional amendment; marriage between two individuals. Commonwealth of Virginia 2025-08-03 A referendum to repeal the Marshall-Newman Amendment will go before Virginia voters in 2026. Pre-decision opinion polls Date of opinion pollConducted bySample sizeIn favorAgainstUndecidedMarginMargin of ErrorSource October 2006 Mason-Dixon Polling & Strategy ? 52% left 42% ? 10% pro ? Ballot Measure Update October 10–12, 2006 The Washington Post 1,004 randomly selected likely voters 48% left 47% 1% pro ±3% 53% of Voters Say They Back Va. Same-Sex Marriage Ban 53% left 43% 10% pro See also Same-sex marriage in Virginia LGBT rights in Virginia Loving v. Virginia References Virginia Virginia Category:Virginia law Virginia Question 1 Category:Legal history of Virginia Virginia Question 1 Question 1 Category:Discrimination against LGBTQ people in the United States Category:Marriage in Virginia