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.”
On July 1, Virginia will put into effect one of the most draconian anti-gay laws in the nation. Gay marriage is already prohibited there, but the new law will even make it illegal for two same-sex people to create private wills or powers of attorney with each other. This goes beyond denigating gay couples; it denigrates the power of gay people as individuals. In infringing on the right of contract, it seems blatantly unconstitutional. (If I have my law correctly.)
I’m almost ashamed I went to school there. Virginia, I’m disappointed in you.