http://www.washingtonpost.com/wp-dyn/articles/A36314-2004Jun12.html...."A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges and obligations of marriage is prohibited." It goes on to add that any such union, contract or arrangement entered into in any other state, "and any contractual rights created thereby," are "void and unenforceable in Virginia."
When gay marriage came up, Virginia was among the first states to preemptively ban it, in 1997. Moreover, Virginia is the only state to forbid even private companies, unless self-insured, from extending health insurance benefits to unmarried couples. That provision affects cohabiting straights but works a far greater hardship on gay couples, who cannot marry.
Those steps, however, impinge on the power of third parties (corporations and the government) to recognize gay couples. In the Marriage Affirmation Act, Virginia appears to abridge gay individuals' right to enter into private contracts with each other. On its face, the law could interfere with wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts. If a gay Californian was hit by a bus in Arlington, her medical power of attorney might be worthless there. "Sorry," the hospital might have to say to her frantic partner, "your contract means nothing here. Now leave before we call security."
Some of the law's sponsors have denied intending such a draconian result, and courts may interpret the text's vague and peculiar language more narrowly. Nonetheless, the law as written is a threat to all Virginians and indeed to all Americans, gay and straight alike.