RICHMOND, Va. -- One week ago, a law enshrining marriage protections for LGBTQ couples in the Commonwealth was signed by Governor Glenn Youngkin.
Even though the 2015 U.S. Supreme Court ruling legalizing same-sex marriage supersedes state law, advocates said these protections help ease what has been an uncertain time since summer 2022.
Narissa Rahaman and her wife were engaged in June 2022, the same month the Supreme Court overturned the right to an abortion nationwide.
In the Dobbs ruling, Justice Clarence Thomas wrote that justices should also reconsider their same-sex marriage decision.
“Threw together a quick wedding last August to make it official," Rahaman said. "The greatest day of both of our lives, but we never want any other couple to feel rushed in making that decision or having that fear looming over us.”
Rahaman leads Equality Virginia, one of several advocacy groups that worked to enshrine same-sex marriage protections in state code.
The new law — signed by Youngkin on March 8 — bars clerks from denying couples a marriage license based on their gender, sex, or race.
The affirming language in Virginia law provides a legal guarantee same-sex couples will not face discrimination from government officials when they get their marriage license, which has happened in other states.
"We just want to make sure that every moment in the journey is filled with happiness and joy, and you’re not having to worry about being turned away because of who you are or denied an opportunity that every other Virginian has," Rahaman said.
At an event Thursday in Chesterfield, Youngkin said his signature on the bill centered around another portion of it, which clarifies the right of clergy or religious groups to refuse to perform a marriage ceremony.
“It has two big pieces to it. Number one: is a ministerial process for issuing certificates and licenses, and the Supreme Court has already ruled on that," Youngkin said. “The second part is hugely important to protect religious freedom in the Commonwealth of Virginia for clergy and churches. That is a very big statement, that in fact we’re going to protect our churches and our clergy. That’s why this bill got signed.”
Even though the legislation received bipartisan support in the General Assembly, not everyone is pleased with the Governor's signature.
The Family Foundation of Virginia released a statement that called the new law "divisive."
"It’s disappointing the Governor would have anything to do with a bill designed to divide Virginians. Any bill that pretends that gender is separate from biology paves the way toward erasing girls from sports and worse," said Victoria Cobb, president of the Family Foundation of Virginia.
Rahaman said LGBTQ Virginians know the possibility of facing discrimination each day looms despite the progress that has been made recently, which is why enshrining marriage equality protections in state law is a necessity.
“Laws can only do so much. Discrimination can exist anywhere at any time," she said. "In recent years there’s always a concern from our community about rollbacks of the rights and progress we’ve made, especially over the last few years here in Virginia.”
Virginia's Constitution still includes a provision that defines marriage as between a man and a woman. Efforts to strip that language have failed in recent years.
Even though the 2015 SCOTUS ruling supersedes that provision — making same-sex marriage legal nationwide —- advocates said if the high court overturns their decision it could potentially lead to another ban in Virginia.
"Those are real concerns about Virginia couples who want to make a life-long commitment to each other that overnight essentially that right could be taken away," Rahaman said.
Changes to the Virginia Constitution require it to pass the General Assembly twice, with a House of Delegates election in between. That means the amendment would have to pass the legislature in 2025 and 2026, before heading to voters for a statewide referendum.
The marriage equality protections in HB 174 take effect July 1.
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