Lesbian, gay, bisexual, and transgender (LGBT) people in the Commonwealth of the United States Virginia face legal challenges not experienced by non-LGBT residents. Same-sex marriage has been valid in Virginia since October 6, 2014, when the US Supreme Court refused to consider an appeal in the case of Bostic v. Rainey .
Video LGBT rights in Virginia
The law on same-sex sexual activity
The Virginia Statute that criminalizes sodomy between same-sex couples and the opposite sex, "crimes against nature, morals and morals," was effectively annulled by the US Supreme Court decision in Lawrence v. Texas in 2003.
In 2005, based his decision on Lawrence, the Virginia Supreme Court at Martin v. Ziherl invalid Ã, § 18.2-344, Virginia's stature makes adultery between unmarried people of crime.
On January 31, 2013, the Virginia Senate passed a law revoking Ã,§ 18.2-345, impersonal and obscene cohabitation laws enacted in 1877, with a vote of 40 to 0. On February 20, 2013, the Virginia House of Delegates passed the bill with a voice of 62 to 25 votes. On March 20, 2013, Governor Bob McDonnell signed the revocation of obscene and lewd cohabitation laws from the Virginia Code.
On March 12, 2013, a panel of three judges of the Court of Appeals for the Fourth Circuit attacked Ã,§ 18.2-361, a crime against natural law. On March 26, 2013, Virginia Attorney General Ken Cuccinelli filed a petition to have a case heard of the banc , but the Court rejected the request on April 10, 2013, with none of the 15 judges supporting the request. On June 25, Cuccinelli filed a petition for certiorari requesting the US Supreme Court to review the Court of Appeal's decision, which was rejected on 7 October. On February 7, 2014, the Virginia Senate voted 40-0 in favor of revising crimes against natural laws to eliminate the criminalization of consensual sexual relations. On March 6, 2014, Virginia House of Delegates voted 100-0 to support the bill. The bill (as amended by the recommendation of Governor McAuliffe) was signed into law by Governor McAuliffe and immediately enacted.
Maps LGBT rights in Virginia
Recognition of same-sex relations
Wedding
Virginia voters ratified the constitutional amendment that defined marriage as a union of men and women in November 2006. The state does not recognize other same-sex relationships. The same definition and limits appear in state law. The Marshall-Newman Amendment also prohibits the Commonwealth of Virginia and its political subdivisions, such as independent districts and cities, from creating or recognizing any legal status for unmarried individual relationships, such as the benefits of domestic partnerships.
In mid-2013, two lawsuits filed in federal court challenged state bans on same-sex marriage. In January 2014, newly elected Attorney General Mark Herring submitted a brief statement stating the state's reversal in a lawsuit in Norfolk: "The Attorney General has concluded that Virginia's law denies the right to marry same-sex couples who violate the Fourteenth Amendment to the United States. Constitution." Governor Terry McAuliffe, also a newly elected Democrat, supports Herring's refusal to defend the ban.
The decision of the federal court at Bostic v. Rainey on February 13, 2014, found Virginia's ban on same-sex marriage unconstitutional, but still enforce the decision pending an appeal. On July 28, 2014, the Fourth Circuit decided 2-1 to support a lower court's decision to impose Virginia's ban on same-sex marriage. Scheduled for August 21, 2014, gay marriage will be legal in Virginia, but then retained by the Supreme Court on August 20, 2014 to review the options. Same-sex marriage in the US The Commonwealth of Virginia has been valid since October 6, 2014, after a decision by the United States Supreme Court refused to reject the appeal of the Fourth Circuit Court of Appeal in the case of Bostic v. Schaefer. Mate-type marriage subsequently begins at 1 pm on October 6 after the Circuit Court issues its mandate; same-sex couples who married in the Commonwealth were Lindsey Oliver and Nicole Pries in Richmond, Virginia. Since then Virginia has made a legitimate marriage with same-sex couples and married out of wedlock recognized by same-sex couples.
Domestic partnership
In December 2009, Governor Tim Kaine began a process designed to extend employee health benefits to same-sex partners of state employees. After Bob McDonnell became governor in January 2010, he asked Attorney General Ken Cuccinelli for a legal opinion on the extension of such benefits, and Cuccinelli issued a legal opinion that the anticipated changes to the Commonwealth health plan required the authorization of legislation. His verdict put an end to the administrative process that Kaine had begun.
Arlington County
Arlington County announced a plan in May 1997 to change the employee's health plan so that same-sex couples could get protection, and on March 12, 1998, three local taxpayers asked the Arlington County Circuit Court to stop the county from doing so. The Circuit Court agrees and appeals, the Virginia Supreme Court decides at Arlington County v. White on April 21, 2000, that local governments are subject to state laws and are prohibited from extending outside employee health insurance benefits or financial dependents. Hospital visits
On February 5, 2007, Virginia House of Delegates voted 97-0 in favor of a bill that would extend the right of hospital visits to same-sex couples through designated guest legislation. On February 20, 2007, the Virginia State Senate voted 40-0 to support the bill. On March 26, 2007, Governor Tim Kaine signed the bill into law, which came into force on 1 July 2007.
Adoption and parenting
Virginia allows single couples and different married couples to adopt children. The state has no explicit prohibition for adoption by same-sex couples or second-parent adoption.
On April 20, 2011, the State Social Services Council voted 7-2 against regulations that prohibit discrimination in adoption "on the basis of sex, age, religion, political beliefs, sexual orientation, disability, family status, race, color or national origin. "The members cited the suggestion of the Virginia Attorney General Ken Cuccinelli that the rules under consideration violate state law.
On 3 February 2012, Virginia House of Delegates voted from 71 to 28 in favor of the bill, HB 189, which authorized the adoption agency to refuse adoption for religious reasons. On February 9, the same bill, SB349, passed the Virginia State Senate on 22-18 votes. On Feb. 21, the Senate voted 22-18 in favor of HB 189. On 22 February, House of Delegates voted 71-28 in favor of SB 349. On April 9, Governor Bob McDonnell signed the two laws into law, and they took effect on July 1, 2012.
Protection of discrimination
Virginia law does not address discrimination based on gender identity or sexual orientation in private sector work. Arlington County and the independent city of Alexandria prohibit discrimination in employment only for sexual orientation.
On January 11, 2014, the first executive order of Governor Terry McAuliffe prohibited employment discrimination in public sector work. It restored the protection that was first given in 2005 by Governor Mark Warner and continued under Governor Tim Kaine, whose governor Bob McDonnell has failed to include in the 2010 executive order that protects state workers from certain types of discrimination.
In January 2016, a Virginia State Senate committee approved two bills (SB12 and SB67) discussing LGBT discrimination. SB12 prohibits LGBT discrimination against state employees, codifying the executive commands of the Governor of McAlliffe 2014 which prohibits discrimination against state employees on the basis of their sexual orientation and gender identity. SB67 adds sexual orientation and gender identity to the Virginia Fair Housing Act. The next two bills will be selected by the Senate.
The Virginia Senate has passed a law to ban state governments from discriminating against their employees on the basis of sexual orientation in 2010, 2011, and 2013, but Virginia House of Delegates did not vote on any of those acts.
Hates crime
Virginia's hate crimes law deals with violence based on race, religious belief, color or national origin, but not on sexual orientation or gender identity.
See also
- Law of Virginia
References
Source of the article : Wikipedia
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