Monday, February 3, 2014

Page 1

Monday, February 3, 2014

Vol. 124, Issue 36

Where they stand BOB MCDONNELL “It is my opinion that the University of Virginia is authorized to provide recreational gym memberships to an adult who is not a spouse and who lives in the household of of an employee or student.” - June 7, 2007

Marshall Bronfin| The Cavalier Daily

2007

2009

1992 2014

“Our own experience and analysis suggest that most of the major national private and public universities with whom we compete when we hire or work to retain top faculty already offer domestic partner health insurance. The ability to offer this benefit is increasingly important now as we attempt to recruit and retain the best faculty and staff in the most challenging economic climate we have seen.” - October 6, 2009

“Having exercised his independent constitutional judgement, consistent with his oath of Office, the Attorney General has concluded that Virginia’s laws denying the right to marry to same-sex couples violate the Fourteenth Amendment to the United States Constitution,” – the Office of the Attorney General of Virginia. January 24, 2014

TERRY MCAULIFFE “In the present case, Virginia’s same-sex marriage ban is being vigorously and appropriately defended by the Clerk of Court for the City of Norfolk and the Clerk of Court for Prince William County… Accordingly, I respectfully decline to appoint special counsel in this matter.” - January 27, 2014

Jenna Truong | The Cavalier Daily

2014

ban on benefits Debilitates Faculty & STAff Focus Editor

MARK HERRING

MarshallHerring Bronfin|Campaign The Cavalier Daily Courtesy

UNDER FIRE Michael Drash

JOHN CASTEEN

Courtesy Cavalier Daily

Marriage Amendment

Harsh words and terse documents circled the State Capitol last week following Attorney General Mark Herring’s announcement that he will refuse to defend the Marshall-Newman Amendment, also known as the Marriage Amendment, which is being challenged in District Court. The amendment defines a valid marriage as “only a union between one man and one woman.” Such clauses are common to many state constitutions, but the Virginia amendment is unique in that it also forbids the commonwealth and its political subdivisions from “[creating] or [recognizing] a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage.” Virginia voters voted 57 percent in favor of the amendment in a 2006 ballot initiative. The bill also passed through the House of Delegates and Senate twice earlier that same year. Beyond simply prohibiting samesex marriage, such a strict and comprehensive code has prevented the University and other state agencies from extending health care and other benefits to the same-sex partners of employees. Extending these benefits is a common practice at other institutions of higher education, and many say the University’s lack of participation has been a prohibitive factor in hiring and retaining talented lesbian, gay and bisexual faculty and staff. Legal Representation Crisis Herring changed the official legal position of the commonwealth on Bostic v. Rainey, the case currently being heard in federal district court that is challenging the Marriage Amendment. Herring said the

amendment conflicts with the 14th Amendment of the U.S. Constitution. “Having exercised his independent constitutional judgement, consistent with his oath of Office, the Attorney General has concluded that Virginia’s laws denying the right to marry to same-sex couples violate the Fourteenth Amendment to the United States Constitution,” the Office of the Attorney General of Virginia said in a document submitted to the United States District Court for the Eastern District of Virginia. “The Attorney General will not defend the constitutionality of those laws, will argue for their being declared unconstitutional, and will work to ensure that both sides of the issue are responsibly and vigorously briefed and argued.” Swift response ensued from the House of Delegates. Del. Bob Marshall, R-Manassas, sent a letter cosigned by 31 other delegates to Governor Terry McAuliffe the next day. The delegates urged McAuliffe to “provide adequate counsel to defend the people of Virginia in their Marriage Amendment to the Virginia Constitution which is now under legal challenge in the Commonwealth.” A second letter containing the signatures of 22 additional supporting delegates followed. Del. James Massie, R-Henrico, said he believes Herring is not acting in accordance with his position. “The Attorney General of Virginia needs to impartially defend the Constitution whether he agrees with that or not,” Massie said. Massie believes that Herring’s stance is based on political, rather than constitutional, considerations. “He’s changed his mind on it and I would posit that he’s changed

see AMENDMENT, page 63


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