Virginia Republicans Block Attempt to Protect Marriage Equality

A watered-down attempt to remove outdated language in the Virginia constitution defining marriage as between one man and one woman was blocked by a Republican-controlled House on Friday. According to Virginia Mercury, the bill, called SJ 242, would have put the decision to the voters in a 2024 ballot measure whether or not to remove the language which was added in a different ballot referendum in 2006.

The 2006 ban on same-gender marriage in the state is, of course, null and void following the 2015 Supreme Court decision Obergefell v. Hodges which legalized same-gender marriage nationwide. But some advocates for LGBTQ equality fear that the recent Supreme Court decision to overturn Roe v Wade signals that the far-right court might next set its sights on overturning Obergefell.

In fact, conservative Justice Clarence Thomas said as much in his concurring opinion in overturning Roe v Wade, saying that justices “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Obergefell and Roe were both decisions based, at least in part, on the 14th Amendment to the Constitution. LGBTQ lawmakers in the state hoped to ensure that marriage equality was protected in the case that Republicans make good on their threat to overturn Obergefell.

Two conservative organizations that spoke against the repeal measure, the Family Foundation and the Virginia Catholic Conference. Both seemed to hint that they were counting on Obergefell to be overturned, with the Family Foundation stating it outright. “If and when [the Court overturns Obergefell], Virginia’s constitution should continue to reflect the truth about marriage,” says Todd Gathje of the Family Foundation.

State senator Adam Ebbin struck out against his political opponents on Twitter. “Opponents of removing the defunct ban on same sex marriage from our constitution made it clear—They believe Obergfell will be overturned. Their goal is to ban current, lawful, legitimate marriages of lgbt Virginians.”

The Senate had successfully passed a more robust bill last year that would have included language to make marriage an affirmative right. That version would have called for all government officials to “treat all marriages equally.” After Republicans balked at the idea of making marriage an affirmative right, the new version of the bill was introduced which did nothing more than remove the language from the 2006 ban.

Equality Virginia, a proponent of the repeal bill, tweeted their own disappointment with the outcome of Friday’s session. “SHAMEFUL: Without any debate or comments, anti-equality lawmakers in a VA House subcommittee voted to kill a proposal to repeal VA’s defunct ban on same-sex marriage. It’s 2023. Marriage equality is NOT up for debate. We deserve a House that respects us as people.”