SJ 270

Abstract

Constitutional amendment (first reference); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

Constitutional amendment (first reference);marriage. Proposes the repeal of the constitutional amendmentdealing with marriage that was approved by referendum at the November2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits theCommonwealth and its political subdivisions from creating or recognizing"a legal status for relationships of unmarried individuals that intendsto approximate the design, qualities, significance, or effects ofmarriage"; and (iii) prohibits the Commonwealth or its politicalsubdivisions from creating or recognizing "another union, partnership,or other legal status to which is assigned the rights, benefits,obligations, qualities, or effects of marriage." The provisions ofthis section of the Constitution of Virginia are no longer validas a result of the United States Supreme Court decision in Obergefellv. Hodges, 576 U.S. ___ (June 26, 2015).