geminigirl: (Freedom Rings)
[personal profile] geminigirl
I'm not sure how closely other people have been following the path of HB 751 in Virginia, but earlier this year, this bill, which effectively invalidates all legal agreements like living wills, custody agreements and wills between two people of the same sex. [1]

If I've learned one thing from being engaged (and it's not like I didn't know this before, but lets pretend here for a minute) it's that letting people who love each other get married doesn't make my relationship any less valid.

The law goes into effect on July 1, 2004. In addition to the usual calling your representatives to tell them what you think, here's something else you can do...

Virginians Stand Up for Equality is sponsoring rallies and town hall meetings all across Virginia on Wednesday, June 30th to draw attention to and educate the public about the “Affirmation of Marriage Act” which goes into effect on July 1. The VSUE is a coalition of 80 national, state and local organizations, religious congregations, and businesses opposed to the outrageously restrictive act which would severely restrict the rights of gays and lesbians to contract with one another regarding issues of medical power of attorney, wills, family plans, etc. It is widely recognized as the most homophobic bill to pass in the United States in the so-called defense of marriage actions. It will deeply affect the lives of many of our clients, our friends in the community and many of our staff members. It is creating all kinds of reactions from group boycotts of Virginia to individuals finally giving up and moving to DC or Maryland.



I invite each of you to the following and show your support by attending this Northern Virginia rally:

Wednesday, June 30th

Fairfax County Govt. Center

12000 Government Center Parkway, Fairfax

5:30 Activities begin; 6:00 rally


Spread the word to all of your friends in your email list!


More information and commentary about HB 751 (The Affirmation of Marriage Act) can be found at:

http://www.rightrainbow.com/archives/000455.html
http://equalityvirginia.org/news/news_014.html
http://virginiaisforhaters.org/


[1] A lot of people look at this and ask, "What about, say two heterosexual men who have a living will where one is the health care proxy for another...apparently no one thought of that situation. So if you're not gay and thinking that this doesn't affect you cause you're not queer, the answer is sorry, no, it still does.

Date: 2004-06-23 03:28 pm (UTC)
From: [identity profile] messyjessy.livejournal.com
Virginia makes me sick.

Date: 2004-06-23 03:41 pm (UTC)
From: [identity profile] messyjessy.livejournal.com
That sounds like a great idea.

Date: 2004-06-23 03:42 pm (UTC)
From: [identity profile] messyjessy.livejournal.com
Also, can you forward me the email? I have a few friends I'd like to send it to.

Date: 2004-06-23 03:33 pm (UTC)
geekchick: (Default)
From: [personal profile] geekchick
Mind if I forward this post wholesale to my little "local folks social mailing list"? And while I'm at it, want to be on it? It's just a small list that's mostly used to plan get-togethers with some of our friends.

Date: 2004-06-23 03:43 pm (UTC)
geekchick: (Default)
From: [personal profile] geekchick
Thanks!

Ping me with your preferred email address for list stuff and I'll add you. It's usually a pretty quiet list.

Date: 2004-06-23 04:27 pm (UTC)
gsh: (Default)
From: [personal profile] gsh
Well, I've read the bills, and I don't agree that the law is as sweepingly bad as the FUD about it. I don't think it will invidate wills and the like, even though I disagree with the law. I also disagree claiming the bill is worse than it acutally is.

Date: 2004-06-23 04:51 pm (UTC)
geekchick: (Default)
From: [personal profile] geekchick
"A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable." (emphasis mine) sounds pretty sweepingly bad to me.

Date: 2004-06-23 05:21 pm (UTC)
gsh: (Default)
From: [personal profile] gsh
I agree it is a bad law.

However, gays in Virginia couldn't get married *BEFORE* this law, so this law didn't make that aspect worse. Gays in Virginia couldn' it get Civil Unioned before this law, so this law didn't make that aspect worse. What this law does (in my view, neither of us are lawyers, yada yada) is if a new term is defined (call it New Term) where being New Termed is like marriage, only different, this law makes it so Gays in Virginia can't get New Termed. But they couldn't before, so this law doesn't make *that* different.

The law doesn't prohibit partnership contract or other arrangements between people of the same sex, it prohibits partnership contracts or other arrangements that purport to bestow the privileges or obligations of marriage. You can still name someone in your will, since naming someone in your will doesn't proport to the privileges or obligations of marriage.

Now you know me personally as someone who thinks the Defense of Marriage Act is unconstitional for two seperate reasons, and thinks gays enjoy a right under the equal protection clause to get married. However, I still think that the current law under discussion is being intentionally scare mongered by some people (and i don't think either of you are intentionally scare mongering), and I simply hate arguments that appeal to Fear, Uncertainty, and Doubt.

ext_243: (Default)
From: [identity profile] xlerb.livejournal.com

And best of all, where it says "[because] the Massachusetts Supreme Court in Goodrich v. Department of Health, SJC 08860, March 4, 2003-November 18, 2003, failed to consider the beneficial health effects of heterosexual marriage, as contrasted to the life-shortening and health compromising consequences of homosexual behavior..."



Clearly, someone needs to inform them that it's not called GRID anymore.

Date: 2004-06-23 05:25 pm (UTC)
gsh: (Default)
From: [personal profile] gsh
Are you trying to be insulting with a subject line like "opinions are like assholes" or does it just seem like that?

I know previous versions had all sorts of hate filled language. That doesn't give people the right to lie about what the law says. The law is bad enough on its own merits.

Date: 2004-06-23 06:41 pm (UTC)
gsh: (Default)
From: [personal profile] gsh
Well, I don't think the law does provide additional legal footting for codified discrimination.

I do think that there may be people who attempt to use it as such, but I also think that the existing Virginia law gives them plenty of ways to do that already.

Date: 2004-06-23 08:13 pm (UTC)
ext_31455: (tiger goddess)
From: [identity profile] papertigers.livejournal.com
I do think that there may be people who attempt to use it as such, but I also think that the existing Virginia law gives them plenty of ways to do that already.

it's Virginia, of course there will be people who attempt to use it as such. your opinion is valid, but it doesn't exist in a vacuum; the intent of the authors of the bill is to discriminate against the LGBT community, not to protect marriage. the writing may be open to interpretation from objective parties, but the authors aren't and don't profess to be objective. do you really think many judges in VA will hesitate to interpret the law as invalidating contracts between same-sex couples? all that's required is a convincing argument that the intent of the contract was to mimic the rights and responsibilities of marriage.

Date: 2004-06-23 08:44 pm (UTC)
gsh: (Default)
From: [personal profile] gsh
the writing may be open to interpretation from objective parties, but the authors aren't and don't profess to be objective. do you really think many judges in VA will hesitate to interpret the law as invalidating contracts between same-sex couples?

Yes, I think most Judges will read the law, and follow what the law says, not look for anyone way to screw gays or lesbians. I do think that the latter type of judge exist, but are a minority.

Date: 2004-06-23 06:06 pm (UTC)
winterbadger: (Default)
From: [personal profile] winterbadger
Would you mind explaining your reasoning? On the face of it, prohibiting any "contract or other arrangement" that gives "privileges or obligations of marriage" (when the original preamble specifically cited disposition of property and assignment of power of attorney when referring to marriage) seems to strongly imply that any such arrangements, whether made by lovers, friends, or relatives of the same sex, will be invalidated, especially since the final version passed *removes* the original language that suggested otherwise.

BTW, that original preamble... I have difficulty deciding whether its bigotry or its ignorance is more overwhelming. I'd say it comes out as a dead heat.

Date: 2004-06-23 06:44 pm (UTC)
gsh: (Default)
From: [personal profile] gsh
Well, my reasoning is that since (for example) leaving property to to a gay lover doesn't proport to be a benifit of marriage (since I am able to leave property to my brother or any friend that I'm not married to), this new law does not prohibit that.

Date: 2004-06-23 09:08 pm (UTC)
geekchick: (Default)
From: [personal profile] geekchick
The bill's sponsor has been quoted as saying that the intent is to ban child custody and guardianship agreements between same-sex partners. What I've read doesn't seem to me at all clear that it wouldn't also invalidate things such as power of attorney agreements, or homeownership agreements giving one's partner right of survivorship, or insurance policies for those people whose companies have managed to find ways around the state ban on insuring same-sex partners or their children.

I'm afraid I'm not nearly as optimistic as you are about this being interpreted so narrowly, given the environment that allowed it to be passed at all. If we're lucky, the courts will find it unconstitutional just as the governor predicted they will.

Date: 2004-06-24 02:07 am (UTC)
gsh: (Default)
From: [personal profile] gsh
I think arguments about child custody are probably amoung the best arguments against the new law. Unfortunately it is law, and I can only hope it gets overturned before too many people are hassled. Even before this law there were cases of lesbians and gays being discriminated against in child custody in divorce cases.

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