Virginia Gov. Glenn Youngkin signed a Democratic-sponsored bill that would protect same-sex marriage on Friday — a largely symbolic measure that looks to ensure its legality in case future court decisions seek to reverse protections.
In one of the last days of the state’s legislative session, the Republican governor took action on more than 80 bills the legislature had sent him. In a surprising twist, Youngkin had signed the Democratic bill — with a caveat of faith-based exemptions allowing clergy and religious organizations the right to reject performing same-sex weddings.
“The bill adds First Amendment protections to the code of Virginia,” Youngkin spokesman Christian Martinez told Virginia Mercury. “Religious organizations and members of the clergy acting in their religious capacity now have the authority to decline to officiate marriage ceremonies that violate their conscience. The remainder of the bill deals with the ministerial duties of issuing licenses, which is already guided by federal preemption.”
The law signed by Youngkin states that marriage licenses in Virginia can be approved between two people seeking a “lawful marriage,” regardless of gender, race, or sex. This has already been the status quo in Virginia since 2014, following the decision of the Supreme Court not to hear an appeal of a ruling in Bostic V. Schaefer, which challenged the state’s refusal to penalize same-sex marriages. Same-sex marriage protections were further strengthened in the 2015 Obergefell v. Hodges ruling, which legalized gay marriage nationwide.
However, with a more conservative majority on the highest court, it’s possible the Supreme Court could reverse its previous ruling — making the new law even more significant.
Democrats are also working to repeal a 2006 constitutional ban on same-sex marriage.
Equality Virginia, an LGBT rights activist group, praised the Republican governor for the move.
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“Two years into his term, Governor Youngkin has shown leadership and inclusivity, and has finally listened to his constituents with his signing of HB174,” said Narissa Rahaman, Equality Virginia’s executive director.
Among the marriage equality measures, Youngkin signed 63 other bills into law, amended 12 bills, and vetoed eight bills.
