Custody and Adoption

Nothing in the Virginia Code or regulations explicitly prohibits GLBT individuals or same-sex couples from petitioning to adopt. See VA CODE Sec. 63.2-1201. However, Virginia courts may consider adoption and custody by homosexuals as contrary to the best interest of the child.

Piatt v. Piatt, 499 S.E.2d 567 (Va. App. 1998)
Bottoms v. Bottoms, 457 S.E.2d 102 (Va. 1995)
Roe v. Roe, 324 S.E.2d 691 (Va. 1985)

But see also
Doe v. Doe, 284 S.E.2d 799 (Va. 1981)-Reversing termination of lesbian mother’s parental rights

In April 2005, same-sex adoptive parents from out-of-state filed a complaint against Virginia’s Registrar of Vital Records and Health Statistics after their request for birth certificates listing both adoptive parents of children born in Virginia was denied. ,the VA Supreme Court ruled that the statute governing issuance of new birth certificates upon proof of adoption required the Registrar to issue new birth certificates listing both of a child’s same-sex adoptive parents. See Davenport v. Little-Bowser.

Hate Crime Laws

Virginia’s hate crime law does not include sexual-orientation. See VA Code § 18.2-57.

Anti-Discrimination Laws

Virginia’s anti-discrimination law does not include sexual-orientation. See VA Code§ 2.2-3901

Affirmation of Marriage Act

“A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.” See VA Code § 20-45.3.

Proposed Marriage Amendment

To amend the Virginia Constitution to prohibit marriage between same-sex couples, a proposed amendment must pass both houses of the General Assembly in identical form during two sessions separated by an election of the House of Delegates.

During the 2005 General Assembly session, both the House of Delegates and the Senate passed a proposed amendment with the following text:

ARTICLE I
BILL OF RIGHTS
Section 15-A. Marriage.
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.
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. See HJR586/SJR337.

If this proposed amendment passes again during the 2006 session, a referendum will be placed on the ballot for a vote in November 2006.

2005 General Assembly Legislation

Senate Bill 1338 Insurance Coverage
Allows coverage under a group accident and sickness insurance policy to be extended to insure any class of persons as may mutually be agreed upon by the insurer and the group policyholder. Passed Senate 26Y-14N. Passed House 49Y-48N.

House Bill 1633 Affirmation of Marriage Act; repeal
Would have repealed Virginia’s affirmation of marriage act. Defeated in House committee.

House Bill 2116 Discrimination by Human Rights Commission: Fairfax County
Would have "sexual orientation" as prohibited discrimination and authorizes action against such discrimination by a human rights commission in a county with the urban county executive form of government (Fairfax County.) Defeated in House Committee

House Bill 2894 Employment Discrimination
Would have prohibited discrimination in state employment on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability, or sexual orientation. Defeated in House Committee

House Bill 1660 Traditional Marriage License plates
Would have authorized the issuance of special license plates to supporters of traditional marriage. Passed the House 68Y-29N. Defeated in Senate Committee.

House Bill 2868 GLBT Student Organizations
Would have authorizes local school boards to prohibit the use of school facilities by any student club or other student group that encourages or promotes sexual activity by unmarried minor students. Passed House 95Y-0N. Defeated in Senate Committee.

House Bill 2921 Adoption Inquiries
Would have required the circuit court's investigation of a petitioner for adoption to include an inquiry into whether the petitioner is known to engage in current voluntary homosexual activity or is unmarried and cohabiting with another adult to whom he is not related by blood or marriage. Passed House 71Y-24N. Defeated in Senate Committee.