Virginia
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| LGBT rights in Virginia | |
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 Virginia (US) |
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| Same-sex sexual activity legal? | Legal since 2003 (Lawrence v. Texas) |
| Gender identity/expression | Sex-change recognized for purposes of marriage licenses |
| Recognition of relationships |
None |
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Restrictions:
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Marshall-Newman Amendment limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions |
| Adoption | No restrictions |
| Discrimination protections | None |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Virginia face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Virginia. Same-sex couples and families headed by same-sex couples are not eligible for all the protections available to opposite-sex married couples.
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[edit] Laws against homosexuality
Virginia's statutes criminalizing sodomy between same-sex and opposite-sex couples, "crimes against nature, morals and decency," were effectively invalidated by the U.S. Supreme Court decision in Lawrence v. Texas in 2003.
In 2005, basing its decision on Lawrence, the Supreme Court of Virginia in Martin v. Ziherl invalidated § 18.2-344, the Virginia stature making fornication between unmarried persons a crime.[1] On January 31, 2013, the Senate of Virginia passed a bill repealing § 18.2-345, the lewd and lascivious cohabitation stature enacted in 1877, by a vote of 40 in favor and 0 votes against. On February 20, 2013, the Virginia House of Delegates passed the bill by a vote of 62 in favor and 25 votes against.
On Mar 20, 2013, Governor Bob McDonald signed the repeal of the lewd and lascivious cohabitation stature from the Code of Virginia.[2] On March 12, 2013, a three-judge panel of the United States Court of Appeals for the Fourth Circuit stuck down § 18.2-361, the crimes against nature stature. On March 26, 2013, Attorney General of Virginia Ken Cuccinelli filed a petition to have the case reheard en banc by the entire 15-judge 4th Circuit Court of Appeals, but the Court denied the request on April 10, 2013.[3]
[edit] Recognition of same-sex relationships
Virginia voters ratified a constitutional amendment defining marriage as the union of a man and a woman in November 2006.[4] The state recognizes no other same-sex relationship. The same definitions and restrictions appear in state statutes.
[edit] Adoption and parenting
Virginia allows single persons and opposite-sex married couples to adopt children. The state has no explicit prohibition on adoption by same-sex couples or second-parent adoptions.[5]
On April 20, 2011, the State Board of Social Services voted 7-2 against rules that would have prohibited discrimination in adoptions "on the basis of gender, age, religion, political beliefs, sexual orientation, disability, family status, race, color or national origin." Members cited the advice of Virginia Attorney General Ken Cuccinelli that the rules under consideration violated state law.[6]
[edit] Discrimination protection
On January 25, 2013, the Virginia Senate approved legislation that would prohibit the state government from discriminating against its employees based on sexual orientation.[7]
[edit] Hate crime
Virginia's hate crime laws address violence based on race, religious conviction, color or national origin, but not on sexual orientation or gender identity.[8]
[edit] Public opinion
A 2011 Washington Post poll found that 47% of Virginians favored the legalization of same-sex marriage, while 43% opposed it and 10% had no opinion. It found 55% favored allowing same-sex couples to adopt children, while 35% opposed that and 10% had no opinion.[9]
A July 2011 Public Policy Polling survey found that 35% of Virginia voters thought that same-sex marriage should be legal, while 52% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 65% of Virginia voters supported the legal recognition of same-sex couples, with 32% supporting same-sex marriage, 33% supporting civil unions but not marriage, 33% favoring no legal recognition and 2% not sure.[10]
A December 2011 Public Policy Polling survey found that 34% of Virginia voters thought that same-sex marriage should be legal, while 53% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 59% of Virginia voters supported the legal recognition of same-sex couples, with 31% supporting same-sex marriage, 28% supporting civil unions but not marriage, 38% favoring no legal recognition and 3% not sure.[11]
[edit] MAP Equality Map
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[edit] Organizations
[edit] LGBT organizations[edit] LGBT community centers[edit] LGBT youth organizations |
[edit] Higher education LGBT resource offices
[edit] Anti-LGBT Industry |
[edit] References
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- ↑ Google Scholar: Martin v.Ziherl, accessed April 9, 2011
- ↑ "SB 969". Open:States. Retrieved April 13, 2013.
- ↑ "Ken Cuccinelli Loses Petition To Uphold Anti-Sodomy Law". The Huffington Post. Retrieved 04/10/2013.
- ↑ Fox News: "Gay Marriage Amendment Passes in Virginia," November 7, 2006, accessed April 9, 2011
- ↑ Human Rights Campaign: "Virginia Adoption Law", accessed April 9, 2011
- ↑ Washington Post: Anita Kumar, "Same-sex adoptions lose ground after Va. board vote," April 20, 2011, accessed April 20, 2011
- ↑ "Virginia senate passes bill to protect state LGBT employees from discrimination". JURIST Legal News & Research. January 26, 2013. Retrieved January 27, 2013.
- ↑ Equality Virginia: "Hate Crimes", accessed April 9, 2011
- ↑ Washington Post: "Washington Post poll finds Virginians are split on gay marriage; support gay couple adoptions," May 10, 2011, accessed May 10, 2011
- ↑ Public Policy Polling: "Virginia opposes gay marriage, statewide politicians popular," July 29, 2011, accessed July 29, 2011
- ↑ Public Policy Polling: "Virginia down on Cantor, favors civil unions," December 13, 2011, accessed December 13, 2011
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