RICHMOND, Va. (WRIC) — In a surprising move, Gov. Glenn Youngkin (R) has signed bills protecting same-sex marriages at a state level.
The bills, which were passed out of both chambers along mostly party lines, will require clerks to issue marriage licenses to couples regardless of each person’s sex or gender.
One of the bill’s authors, Del. Rozia Henson (D- Prince William), is the first openly gay Black man to serve in the Virginia General Assembly. He said he applauded Youngkin’s decision.
“The governor has signaled with my bill that Virginia will be for lovers,” Henson said.
The bills do include exceptions for religious organizations and members of the clergy acting in their religious capacity, who may legally refuse to perform any marriage.
8News reached out to Youngkin’s office and a spokesperson provided the following statement:
“This bill adds First Amendment protections to the code of Virginia. Religious organizations and members of the clergy acting in their religious capacity now have the authority to decline to officiate marriage ceremonies that violate their conscience. The remainder of the bill deals with the ministerial duties of issuing licenses, which is already guided by federal preemption.”
Henson said the bill’s passage was critical after Supreme Court Justice Clarence Thomas suggested the court review its previous decisions on same-sex marriage.
“What I wanted to do, as someone of the LGBTQ community as well as listening to the allies, is [say] ‘Hey, we saw what happened with Roe, let’s be proactive in legislation and start correcting our constitution while also adding affirmative language to our code,’” Henson said.
As he said, this plan is only half complete: Despite Youngkin’s signature, same-sex marriage would still be illegal in Virginia if the Supreme Court reverses its decision because of language in the state’s constitution.
The Virginia Constitution, which supersedes state law, reads that “only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions.”
“The Consitution is the fundamental structuring document for the state, so any laws that get passed must be in conformance with the state constitution,” said University of Virginia Law Professor Craig Konnoth.
Lawmakers will begin the process of amending the state constitution to protect same-sex marriages in Virginia, according to Henson.
“This is near and dear to my heart,” Henson said. “Born and raised in the Commonwealth of Virginia, went to schools in Virginia, universities in the Commonwealth of Virginia — so I know that I will eventually have a family in the Commonwealth of Virginia,” Henson said.
The bill signed by Governor Glenn Youngkin also protects interracial marriages, should the Supreme Court overrule previous rulings on that issue, as well.
