2006 Virginia Question 1

{{Short description|Amendment to the Constitution of Virginia}} {{Use American English|date=February 2026}} {{Infobox referendum | name = Question 1 |yes = 1,328,537 |no = 999,687 |total = 2,398,589 | electorate = 4,554,683 | turnoutpct = 51.12 | map = {{switcher |300px |County and independent city results |300px |Precinct results }} | mapcaption = {{col-begin}} {{col-2}} '''Yes:''' {{legend0|#B6C8D9|50–60%}} {{legend0|#7D9CBB|60–70%}} {{legend0|#47729E|70–80%}} {{legend0|#28497C|80–90%}} {{legend0|#2B2457|90%+}} <br /> '''No:''' {{legend0|#DEDEBD|50–60%}} {{legend0|#BCBC83|60–70%}} {{legend0|#8B8B54|70–80%}} {{legend0|#5D5D2D|80–90%}} <br /> '''Tie:''' {{legend0|#EBEEED|50%}} {{col-end}} | notes = Sources:<ref>[https://historical.elections.virginia.gov/ballot_questions/view/2365/ 2006 - Statewide - Question 1 Marriage]</ref><ref>[https://www.elections.virginia.gov/resultsreports/registrationturnout-statistics/ Registration/Turnout Reports Summary of Virginia Registration & Turnout Statistics]</ref> |title='''''Virginia Marriage Amendment'''''|country=Virginia|date=November 7, 2006}}

'''2006 Virginia Question 1''', the '''Marshall-Newman Amendment''' (also referred to as the '''Virginia Marriage Amendment''') is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage".<ref name="VA Constitution">{{cite web|url=http://www.sbe.virginia.gov/cms/documents/2006_Constitutional_Amendments/2006ques_marriage_APPROVED.pdf |title=Proposed Constitutional Amendment, Article I, Section 15-A |date=November 2006 |publisher=Virginia State Board of Elections |access-date=December 30, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20061214010734/http://www.sbe.virginia.gov/cms/documents/2006_Constitutional_Amendments/2006ques_marriage_APPROVED.pdf |archive-date=December 14, 2006 }}</ref> The amendment was ratified by 57% of the voters on November 7, 2006.<ref name="VA result">{{cite web|url=http://www2.sbe.virginia.gov/web_docs/Election/results/2006/Nov/htm/index.htm |title=Official Results, 2006 election |publisher=Virginia State Board of Elections |access-date=December 30, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20070202004357/http://www2.sbe.virginia.gov/web_docs/Election/results/2006/Nov/htm/index.htm |archive-date=February 2, 2007 }}</ref> It became part of the state Constitution as Section 15-A of Article 1. In 2014, the amendment was ruled unconstitutional in ''Bostic v. Schaefer''. Voters will decide whether to repeal the amendment in 2026.

==Text==

The text of the amendment states: <blockquote>''Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.''</blockquote>

==Enactment== ===Legislative process=== The Virginia Constitution requires amendments to be passed in two different sessions separated by a general election. The amendment, named after Delegate Bob Marshall and Senator Stephen Newman, was approved by the Virginia General Assembly in the 2005 and 2006 sessions, which were separated by the November 2005 general election. It was thus put on the November 2006 election ballot for approval by voters.

===Voting results=== {{referendum results | caption = Amendment 1 | for = 1328537 | against = 999687 | turnout = 52.66 | source = [http://www.sbe.virginia.gov/ElectionResults/2006/Nov/htm/index.htm#141 - Official Results] }}

== Criticism == The far-reaching nature of the Marshall-Newman Amendment intended to reinforce its Marriage Affirmation Act has attracted criticism. Writing in ''The Washington Post'', Jonathan Rauch argued that:

<blockquote> 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.<ref name="Rauch">{{cite news |url=https://www.washingtonpost.com/wp-dyn/articles/A36314-2004Jun12.html |title=Virginia's New Jim Crow |last=Rauch |first=Jonathan |author-link=Jonathan Rauch |newspaper=The Washington Post |date=June 13, 2004 |access-date=January 13, 2007}}</ref></blockquote>

Virginia Attorney General Bob McDonnell issued a 2006 opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or advance health care directives between unmarried people.<ref>{{cite web |url=http://www.oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2006opns/06-003Newmanetal.pdf |title=Opinion number 06-003 |date=September 14, 2006 |first=Robert |last=McDonnell |author-link=Bob McDonnell |publisher=Attorney General of Virginia |access-date=February 25, 2012 |quote=It is my opinion that passage of the marriage amendment will not affect the current legal rights of unmarried persons involving contracts, wills, advance medical directives, shared equity agreements, or group accident and sickness insurance policies, or alter any other rights that do not "approximate the design, qualities, significance, or effects of marriage", or create "the rights, benefits, obligations, qualities, or effects of marriage."}}</ref>

==Ruling of unconstitutionality== {{Main|Bostic v. Schaefer}} On February 13, 2014, U.S. District Judge Arenda Wright Allen of the Eastern District of Virginia in Norfolk ruled that the amendment was unconstitutional, and ordered Virginia not to enforce it against same-sex couples. In her opinion, Judge Allen granted a stay pending appeal.<ref name="opinion">{{cite web |url=https://www.scribd.com/embeds/207075415/content |title=Bostic, London, Schall & Townley v. Rainey & Schaeffer |date=February 13, 2014 |access-date=February 14, 2014 |first=Arenda L. |last=Wright Allen }}</ref>

On July 28, 2014, the Fourth Circuit Court of Appeals issued a 2–1 opinion upholding the lower court's decision, although this was also appealed.<ref name=4thop>{{cite news|last1=Floyd|first1=Henry F.|last2=Gregory|first2=Roger|last3=Niemeyer|first3=Paul; U.S. Circuit Judges|title=Opinion, ''Bostic v. Shaefer'', No. 14-1167|url=https://www.scribd.com/doc/235295017/14-1167-234-Opinion|work=U.S. Court of Appeals for the Fourth Circuit|agency=PACER Document 234|publisher=Scribd.com|date=28 July 2014|ref=Bostic-op-4th}}</ref>

On October 6, 2014, the Supreme Court of the United States denied a writ of certiorari and thus let the Fourth Circuit Court's decision stand, which legalized same-sex marriage in Virginia.<ref>{{Cite web |date=6 Oct 2014 |title=Order List (10/06/2014) |url=https://www.supremecourt.gov/orders/courtorders/100614zor.pdf |access-date=28 Aug 2022 |website=supremecourt.gov}}</ref><ref>{{cite web|url=http://www.timesdispatch.com/u-s-supreme-court-paves-way-for-gay-marriage-in/article_b69318d2-ad92-5e33-a276-8da57520ef04.html|title=Same-sex couples marry as the unions become legal in Va.|first=MARKUS SCHMIDT Richmond|last=Times-Dispatch|date=6 October 2014 |publisher=}}</ref>

Since the Supreme Court's decision in ''Obergefell v. Hodges'' on June 26, 2015, all such bans throughout the United States are unconstitutional.

== Repeal attempts == Although the amendment is unconstitutional and unenforceable since 2014, it remains part of the Virginia Constitution. Legislators, including State Senator Adam Ebbin (D) and Delegate Mark Sickles (D), have introduced bills in 2015 and 2016 aiming to repeal the amendment.<ref>{{cite news|url=https://www.washingtonpost.com/local/virginia-politics/virginia-still-has-laws-banning-gay-marriage-should-that-matter/2016/07/28/44afec36-542a-11e6-b7de-dfe509430c39_story.html|title= Virginia still has laws banning gay marriage. Should that matter?|newspaper=Washington Post|date=July 29, 2016}}</ref><ref>{{cite news|url=http://www.gayrva.com/news-views/openly-gay-legislators-rally-to-remove-defunct-bans-on-same-sex-marriage-from-virginia-law-and-constitution/|title=Openly gay legislators rally to remove defunct same-sex marriage bans from Virginia law and constitution|publisher=GayRVA.ocm|date=October 19, 2016|access-date=October 20, 2016|archive-date=October 21, 2016|archive-url=https://web.archive.org/web/20161021005315/http://www.gayrva.com/news-views/openly-gay-legislators-rally-to-remove-defunct-bans-on-same-sex-marriage-from-virginia-law-and-constitution/|url-status=dead}}</ref> Ebbin prefiled another bill to repeal the amendment on November 18, 2019, which the Senate voted to continue in 2021.<ref>{{cite web |url=https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SJ3 |title=Senate Joint Resolution No. 3 |author= |date= |publisher=Commonwealth of Virginia |access-date=2020-09-15}}</ref>

House Joint Resolution No. 9, which replaces the Marshall-Newman Amendment with text banning marriage discrimination based on sex, gender, or race passed the Virginia House of Delegates and Virginia Senate in 2025.<ref>{{Cite web |url=https://lis.virginia.gov/bill-details/20251/HJ9 |title=HJ9 Constitutional amendment; marriage between two individuals. |author= |publisher=Commonwealth of Virginia |access-date=2025-08-03}}</ref> A referendum to repeal the Marshall-Newman Amendment will go before Virginia voters in 2026.

==Pre-decision opinion polls==

{| class="wikitable" |- !Date of opinion poll !Conducted by !Sample size !In favor !Against !Undecided !Margin !Margin of Error !Source |- | style="background:#f0f0f0;" | October 2006 || ''Mason-Dixon Polling & Strategy'' || ? || {{Yes|'''52%'''|align=left}} || 42% || ? || 10% pro || ? || <ref>[https://www.insideelections.com/news/article/ballot-measure-update Ballot Measure Update]</ref> |- | rowspan=2 style="background:#f0f0f0;" | October 10–12, 2006 || rowspan=2 | ''The Washington Post'' || rowspan=2 | 1,004 randomly selected likely voters || {{Yes|''48%''|align=left}} || 47% || rowspan=2 | || 1% pro || rowspan=2 | ±3% || rowspan=2 | <ref>[https://www.washingtonpost.com/archive/politics/2006/10/17/53-of-voters-say-they-back-va-same-sex-marriage-ban-span-classbankheadonly-area-against-measure-is-nva-according-to-poll-span/6e9d212e-0623-433a-a91b-4abc5a92ef14/ 53% of Voters Say They Back Va. Same-Sex Marriage Ban]</ref> |- | {{Yes|'''53%'''|align=left}} || 43% || 10% pro |- |}

== References == {{Reflist}}

Virginia Virginia Category:Virginia law Virginia Question 1 Category:Legal history of Virginia Virginia Question 1 Question 1 Category:Discrimination against LGBTQ people in the United States Category:Marriage in Virginia