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:
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.
The Virginia Attorney General has issued an opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or Advanced Medical Directives between unmarried people.
While experts are divided on the exact impetus for the amendment, political commentators have suggested that it was placed on the ballot following confidential polling indicating that incumbent senator George Allen might not be successful in his bid to win re-election. Republican strategists may have hoped that the Marshall-Newman Amendment would turn out the socially conservative voter to not only pass a ban on gay marriage, but also re-elect Allen. Although the Marshall-Newman Amendment did pass, Allen's campaign self-destructed, following the so-called Macaca controversy.
Read more about this topic: Marshall-Newman Amendment
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