"I do not support same sex marriage. Existing Virginia law prohibits marriage, or the recognition of marriage, between persons of the same sex. There is no provision in Virginia law recognizing civil unions between persons of any gender. HB 751, as approved by the legislature, would seek to "prohibit any civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage." It would also void in Virginia any such arrangement entered into any other state or jurisdiction. I have grave doubts about the constitutionality of this broad wording, and I believe that it could have a host of unintended consequences.

Article 1 Section 10 of the United States Constitution prohibits any state from impairing the obligations of existing contracts. The sweeping language of HB 751 plainly violates that constitutional provision by seeking to void existing contractual rights. Furthermore, HB 751 would appear to violate the Equal Protection Clause of the U.S. Constitution by prohibiting certain contracts between two people of the same sex (regardless of their sexual orientation) while permitting the exact same contracts between men and women.

The unintended consequences of this legislation could include business partners of the same gender being unable to enter into a business partnership agreement outlining the division of property if the partnership dissolves. A medical directive designating a close friend of the same sex to make necessary medical decisions could be voided. A joint bank account with a right of survivorship by a mother and a daughter could be voided under the bill's vague and expansive language.

I believe it would be regrettable and wrong if Virginia were to go further than any other state in its efforts to restrict the rights of people to enter into legal relationships. This year marks the 50th anniversary of the Brown v. Board landmark Supreme Court decision that struck down segregated public schools, the 45th anniversary of the end of Virginia's egregious policy of "Massive Resistance," and the 40th anniversary of the federal Civil Rights Act banning segregated public facilities. I will not support legislation that again takes Virginia so far out of the mainstream in terms of public policy.

Accordingly, I have amended HB 751 to delete the phrases "partnership contract or other arrangement," and "and any contractual rights created thereby shall be void and unenforceable." This amendment essentially maintains the status quo with regard to same sex legal relationships in the Commonwealth but avoids the constitutional concerns raised by HB 751." (Governor Mark Warner, Press Release, April 16, 2004)