Posted July 12, 2019 09:16:06 As the state of Virginia prepares to begin issuing marriage licenses to same-sex couples, a key issue of public policy is at stake: How to ensure that the law is enforced?
The question of whether the state can be sued over the issuance of licenses to gay and lesbian couples has divided opinion, with some states saying the issue is a state-created problem and others saying it is a civil rights issue.
Virginia’s General Assembly passed a law that takes effect in July 2019 that prohibits discrimination based on sexual orientation and gender identity in the issuance or renewal of marriage licenses, except as provided by the state’s constitution.
The legislation is the culmination of months of public input, including testimony by more than 100 witnesses who testified at hearings and meetings held in the General Assembly.
The law is intended to provide a legal framework for marriage licenses that is consistent with federal law, but critics say the law goes too far in defining marriage as a union between a man and a woman.
In the years since Virginia became the 25th state to pass marriage equality, lawmakers have grappled with issues of whether to allow gay and transgender couples to obtain marriage licenses.
While the bill has been controversial in the past, many people say they see a need for a new approach, including a more comprehensive understanding of the issue and the way the state should address it.
This article is part of the reporting partnership at The Conversation, a nonprofit news organization that aims to inform and inspire conversation about ideas, events and issues that shape our world.
This is the third in a series of stories exploring Virginia’s marriage equality laws.
The first is about the marriage of a lesbian couple.
The second is about how Virginia has changed its marriage laws to better protect LGBTQ people.
The third is about a bill that could impact Virginia’s gay marriage community.
The conversation about Virginia’s civil rights is ongoing, with many issues and arguments still to be settled.
The General Assembly’s bill defines marriage as being between a woman and a man, but that definition does not include same-gender relationships.
In Virginia, marriages between a person of the same sex are recognized by the courts as valid.
If a marriage license is not issued to a same- gender couple, they can ask the General Court to issue a new one.
That would allow them to get a license if their relationship ended before they filed a divorce.
The state Supreme Court has said the issue of whether or not same- or opposite-sex marriage should be recognized is a federal issue.
In 2014, a federal appeals court ruled in a case involving two same- and opposite-gender couples that the Constitution requires the state to recognize their marriages.
That ruling was appealed to the U.S. Supreme Court.
That decision came in 2016, and a majority of justices agreed with the majority in saying marriage is a fundamental right.
However, some judges have questioned whether the court’s decision should be interpreted as a ruling that a marriage between two people of the opposite sex is a marriage.
The U. S. Supreme Council of Justice issued a concurring opinion in that case, which said, “While the Court’s opinion is not intended to make a determination about the constitutionality of a state’s laws prohibiting same- sex marriage, the Court does conclude that the Fourteenth Amendment’s guarantees of equal protection and due process prohibit a state from denying equal protection of the laws to same sex couples who marry in Virginia.”
If a same sex couple were to obtain a marriage certificate and the court did not issue a license, they could file a federal lawsuit.
Virginia would not be required to recognize the marriage if the couple did not obtain a license.
If the state was to recognize a marriage, it would not have to comply with the federal court’s ruling.
The case will now move to the federal appeals courts in Richmond and Alexandria.
