Va. lawmakers kill proposal to repeal gay marriage ban

Equality Virginia Executive Director James Parrish (Washington Blade photo by Michael Key)

A Virginia House of Delegates subcommittee on Monday voted 6-1 to kill a proposal that would have repealed the state’s constitutional ban on same-sex marriage.

Delegate Scott Surovell (D-Fairfax) introduced HJ665 on Jan. 9, the first day of the current legislative session. He told the Washington Blade after the vote he feels “people affirming their love to each other and living in committed relationships is a universal human right.”

“It’s a civil right,” Surovell said. “I don’t think that the constitution should prohibit the government from recognizing people’s love and commitment to each other solely because of their sexual orientation. I think it’s wrong and it’s hateful.”

Delegate Rob Krupicka (D-Alexandria,) who is among the more than two dozen legislators who co-sponsored HJ665, expressed disappointment that the House Privileges and Elections Constitutional Amendments Subcommittee killed the proposal.

“Virginia is going to have to re-visit this issue either because the public demands it, because we are forced to by the Supreme Court or because corporations make it clear that they’d rather move to D.C. or Maryland in order to protect their employees,” he told the Blade in a statement. “Marshall-Newman is so broadly worded, that it puts even basic contracts in question. Ultimately, I’d like us to be talking about an amendment to add marriage freedom to our constitution. But as today’s action shows, we have work to do to even allow for basic contract rights between two people.”

Delegate David Toscano (D-Charlottesville) agreed.

“I did not support the Marshall-Newman amendment when it passed and believe the time is now for it to be repealed,” he said.

Virginians in 2006 approved the amendment by a 57-43 percent margin.

A similar ban passed in neighboring North Carolina in May by a 61-39 percent margin.

Maryland is among the nine states and D.C. that allow gays and lesbians to tie the knot. Lawmakers in Delaware, Rhode Island, Illinois and New Jersey are expected to debate same-sex marriage proposals in the coming weeks.

“We’re deeply disappointed that the House committee has voted to overlook this resolution that would repeal Marshall-Newman,” Equality Virginia Executive Director James Parrish said. “It’s a shame that Virginia cannot catch up with a wave of national change since marriage equality is now a winning issue on the ballot.”

Surovell conceded to the Blade he was “not optimistic going into” today’s hearing in spite of public opinion polls that indicate growing public support for marriage rights for same-sex couples in Virginia since voters approved the Marshall-Newman amendment. He referenced the House of Delegates’ vote last May against gay prosecutor Tracy Thorne-Begland’s nomination to the Richmond General Court to further prove his point.

The Richmond General Court in June appointed Thorne-Begland on an interim basis because lawmakers failed to fill the vacancy — his term is slated to end at the end of next month if legislators do not approve his appointment. Members of the General Assembly Committee of Judicial Appointments are schedule to interview Thorne-Begland later today.

“I suspect that the only thing that will change whether this [SJ665] eventually passes is the change in control of the House of Delegates because the current majority is beholden to the Family Foundation,” Surovell said. “Last year I had a surreal evening when at 1 a.m. on the last day of session I’m sitting there watching my body debate whether a 14-year decorated naval aviator who’s been putting away murderers for five years is qualified to be a judge presiding over traffic tickets because he happened to live in a committed same-sex relationship with children while the Family Foundation sits in the balcony watching the whole thing. I thought there was something wrong with that. That’s the way it is in Virginia right now.”