A proposed constitutional amendment that prohibits same-sex marriage will not be used to harm a variety of contracts and agreements unrelated to marriage, Virginia’s attorney general said Thursday.
The legal opinion of Attorney General Bob McDonnell, a recently elected Republican, is a response to state legislators who questioned if language in the amendment could be interpreted to obstruct wills, financial contracts, domestic violence protections and medical directives between unmarried people. Others, including a local chamber of commerce, have expressed similar concerns.
A statewide referendum in November will determine whether the amendment is put in place, reaffirming a definition of marriage as between a man and a woman. After an “extensive look into current law,” McDonnell’s office found no evidence the amendment would infringe on the rights of unmarried Virginians, the attorney general said Thursday afternoon in a conference call with reporters.
“If this amendment were to do that, then we simply would not support it,” McDonnell said.
Opponents of the amendment have assailed it from multiple angles, calling it an unnecessary obstruction of individual rights that will have unintended ramifications on non-marriage relationships. A D.C. law firm recently concluded that the amendment could be interpreted to invalidate or undermine some non-marriage arrangements, according to the Commonwealth Coalition, a group organized to oppose the referendum.
