Courts & Tribunals

On 23 February 2010, Judge William Cohen found Lisa Miller of Forest, Virginia, in contempt of court and issued the arrest warrant during a brief hearing in the Vermont Rutland County family court. The arrest order applies only in Vermont [R1.9].

On 17 February 2010, a judge in Bedford County, Virginia, decided not to press charges against Lisa Miller, saying the woman couldn't be held in contempt of court because she was never notified of the pending charges – for the reason that no one knows where she, or 7-year-old Isabella, is [R1.8].

In December 2009, family court Judge William Cohen ordered the biological mother of a seven-year-old Vermont girl be handed over to her former partner, the mother being in contempt of court for denying access to the child [R1.7].

On 01 January 2010, the biological mother ordered to hand over custody of her child to her lesbian ex-partner could be charged with parental abduction for failing to comply with a court order [R1.6].

On 20 November 2009, family court Judge William Cohen issued a 21-page decision granting custody to the non-biological mother of a 7-year-old girl as the result of a child visitation lawsuit between a former lesbian couple [R1.5].

In June 2008, the Virginia supreme court ruled that the state must enforce a Vermont court order awarding child visitation rights to a mother's lesbian former partner [R1.4].

In July 1998, a divorced West End mother subsequently living in a lesbian relationship was awarded continued custody of her two young children by the Henrico County Juvenile and Domestic Relations District Court [R1.3].

In July 1997, the Court of Appeals of Virginia reversed a visitation order against Sharon Bottoms, whose son was taken away four years ago because she is a lesbian, citing the best interest of her biological child [R1.2]

In August 1996, a lesbian who lost custody of her son in a court battle with her own mother abandoned her three-year fight to get that decision overturned [R1.1].

State

In January 2011, a committee in the state Senate approved a bill making it possible for state employees to add samesex partners to their health benefits plan. The measure does not mandate provision of such benefits, but removes any obstacle in existing state public employee benefits law for a jurisdiction that wants to make such benefits available [R1.5].

In April 2004, Virginia Governor Mark R. Warner signed legislation that bans the state from recognizing civil unions or providing any benefits enjoyed by married couples. The new legislation denies the privileges of marriage to gay couples in "a civil union" [R1.4].

The law, which takes effect 01 July 2004, prohibits a civil union, partnership contract or "other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage." It does not define what types of arrangements it would cover, leaving many legal experts with conflicting opinions [R1.3].

Since the 1950s the law in Virginia says provides that insurers with state licenses can extend coverage only to spouses and dependent children, thus restricting those insurance companies from writing group policies that cover domestic partners [R1.2].

In July 2003, self-insured larger companies who underwrite their own insurance plans were reportedly not so restricted [R1.2]

In July 2003, the Virginia Housing Development Authority's "family rule" requiring people applying jointly for a low-interest loan to be related by blood, marriage or adoption, and effectively banning unmarried couples, gay partners and other unrelated adults, was lifted [R1.1].

In January 2003, a bill to expand the definition (of spouses and dependent children) to include household members "in whom the primary insured has an insurable interest" and "who reside in the same household as the insured" failed in a 15–6 vote to get through the Commerce and Labor Committee in the House of Delegates [R1.2].

County

In 1997, Arlington County offered domestic partner benefits however, the Court ruled the policy was unlawful (see Courts & Tribunals below).

Courts & Tribunals

On 27 April 2011, Judge C Randall Lowe reversed his original rulling, determining that Michael Dye and Brian Justice cannot be legally married and an order granting a petition to change their last names to Dye-Justice does not convey any benefits of marriage [C3.5], [R3.4].

On 07 January 2011, Circuit Court Judge C Randall Lowe reversed his October 2010 decision and ruled that a woman could now take the last name of her lesbian partner as it would not be made for a fraudulent purpose [R3.3[.

In April 2000, a unanimous Virginia Supreme Court struck down an Arlington County law yesterday that conferred health insurance benefits on the unmarried domestic partners of local government employees [R3.2].

In March 1999, an Arlington judge ruled that the county's policy of providing health insurance benefits to its unmarried workers' domestic partners is prohibited under state law [R3.1].

State

On 02 February 2011, the Senate passed Sen. Donald McEachin's bill (Fairness and Justice Act) 22–18, a measure to prohibit state government from discriminating against employees because of their sexual orientation. On 01 February 2011, a House committee killed a similar proposal [R1.6].

On 10 March 2010, Governor Bob McDonnell directed state agencies not to discriminate against gay people, essentially overriding the state attorney general's advice to colleges [R1.5].

Previously:

In March 2010, Attorney General Ken Cuccinelli II was reported to have sent a letter to state colleges and universities asking officials to end policies banning discrimination based on sexual orientation, on the ground that it was up to the discretion of the General Assembly to offer protections to gay and lesbian state employees [R1.4].

On 02 March 2010, a house of delegates subcommittee killed legislation aimed at banning job discrimination against gay state employees [R1.3].

On 09 February 2010, a bill passed by the Senate for the first time that would have protected state workers from discrimination based on sexual orientation died in a Virginia house of delegates subcommittee. Republican Governor Robert McDonnell had not renewed executive orders from two previous Democratic governors that protected state workers from discrimination based on sexual orientation [R1.2].

In 2005, Virginia policy for the first time barred state agencies from discriminating against gays in hiring and promotions [R1.1]

Courts & Tribunals

On 09 November 2011, transgender inmate Ophelia De'Lonta filed an appeal in the US Court of Appeals, Fourth Circuit [C1.3], [R1.2] of the 28 October 2011 ruling of James C. Turk in the US District Court for the Western District of Virginia dismissing her suit seeking a court-ordered sex change operation [C1.1].

State

The criminal law in Virginia prohibits consensual sex between same-sex couples [R1.1].

Courts & Tribunals

In June 2003 US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Virginia law [C2.4], [R2.4].

However, Circuit Judge Edward W. Hanson Jr. said the June Supreme Court ruling in Lawrence v. Texas applied to sodomy that occurs in private, not sodomy that takes place in public and that Viriginan the law does not distinguish between private and public sodomy, finding that the case against a man accused of soliciting sodomy in a shopping mall bathroom could proceed. If convicted, the alleged offender could face up to five years imprisonment [R2.3].

In December 1999, the Virginia Court of Appeals agreed to review the constitutionality of a state law that makes oral sex between consenting adults a felony and in November 2000 ruled that the state’s sodomy law was not unconstitutionally applied in the case of 10 gay men arrested in 1998 for cruising in a Roanoke park [R2.2].

In March 1999, Roanoke Circuit Judge Richard Pattisall was asked to rule on whether a law that makes consensual oral sex a felony is an unconstitutional violation of privacy and should not be used to prosecute 17 men charged with cruising for sex in a Roanoke park [R2.1].

State

In 1997, the Virginia legislature passed the Affirmation of Marriage Act prohibiting marriages between same-sex couples [R1.2].

On 30 June 2008, Attorney Howard Gwynn said a couple who obtained a marriage license and exchanged vows in Virginia before officials realized both were biologically men will not face charges [R1.1].

State

Virginian law does not specifically prohibit adoptions by homosexuals.

On 21 February 2012, the Senate voted 22–18 to pass legislation allowing private agencies to deny placements that conflict with their religious or moral beliefs, including opposition to homosexuality. The Bill only needs Republican Gov. Bob McDonnell's signature to take effect 01 July [R1.5].

On 03 February 2012, the state House voted 71–28 to pass a bill allowing private adoption agencies to deny placements that conflict with their religious or moral beliefs, including opposition to homosexuality. Earlier, a Senate committee endorsed its version of the Republican-backed measure in an 8–7 party-line vote [R1.4].

On 14 December 2011, the state Board of Social Services voted 5–1 to approve regulations that (from 01 May 2012) would allow private adoption agencies to deny services to people based on sexual orientation, age, disability or family status, among other areas [R1.3].

On 20 April 2011, the State Board of Social Services voted 7 to 2 to continue allowing faith-based organizations to discriminate against adoptions by gay couples [R1.2].

In August 2002, the Department of Social Services' consideration of an application reportedly "will be limited to whether the proposed placement is contrary to the interests of that child" [R1.1].