Virginia Sex Laws

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC

Last update: 9/7/2014

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§ 20-45.3. Civil unions between persons of same sex.

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.

(2004, c. 983.)

§ 20-45.2. Marriage between persons of same sex.

A marriage between persons of the same sex is prohibited. Any marriage 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 by such marriage shall be void and unenforceable.

(1975, c. 644; 1997, cc. 354, 365.)

From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

Bostic v. Schaefer

7/28/14 • Federal Appellate Court Ruling at the 4th Circuit

Federal appellate court decision upholding lower ruling that same-sex couples in Virginia have the freedom to marry and that banning same-sex couples from marrying is unconstitutional. Ruling is stayed pending further action from the United States Supreme Court.

Bostic v. Schaeffer

2/13/14 • Federal Court Ruling

Federal court decision declaring that same-sex couples in VA have the freedom to marry and marriages performed in other states must be respected. Ruling on hold pending appeal to the 4th Circuit Court of Appeals.

1975: The Code of Virginia is amended to prohibit marriage between persons of the same sex.[99]

1997: The statutory prohibition is extended to declare that any same-sex marriage from another state is void in Virginia.[100]

2004: The Virginia Code is again amended to prohibit civil unions or similar arrangements between members of the same sex, including arrangements created by private contract. The same statute also bars recognition of any such union from another state.[101]

2006: In November, a new Constitutional amendment, previously approved by the Virginia General Assembly, limiting marriage to unions of one man and one woman was voted on by people of Virginia. A majority of the voters (1,325,668 or 57%) approved the amendment, as opposed to 1,003,967 or 43% voting no. The amendment took effect in 2007.

Texts :

~~Virginia Constitution - 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.

~~Code of Virginia - Title 20. Domestic relations~~

~~§ 20-45.2. Marriage between persons of same sex.~~

~~§ 20-45.3. Civil unions between persons of same sex.~~

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.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Federal Court Ruled 2/13/2014 that Virginia's ban on Same sex marriage is unconstitutional.

Code of Virginia

Title 18.2 - CRIMES AND OFFENSES GENERALLY.

Chapter 8 - Crimes Involving Morals and Decency

§ 18.2-344. Fornication.

Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.

(Code 1950, §§ 18.1-188, 18.1-190; 1960, c. 358; 1975, cc. 14, 15.)

Virginia strikes down state fornication law

Ruling may signal end for other states' antiquated laws

By Joanna Grossman
FindLaw Columnist
Special to CNN.com
Tuesday, January 25, 2005 Posted: 5:17 PM EST (2217 GMT)

http://www.cnn.com/2005/LAW/01/25/grossman.oldlaws/

Effort to strike Virginia's fornication law fails

By Kathy Adams
The Virginian-Pilot
© February 6, 2014

http://hamptonroads.com/2014/02/effort-strike-virginias-fornication-law-fails

§ 18.2-365. Adultery defined; penalty.

Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.

(Code 1950, §§18.1-187, 18.1-190; 1960, c. 358; 1975, cc. 14, 15.)

§ 18.2-374. Production, publication, sale, possession, etc., of obscene items.

It shall be unlawful for any person knowingly to:

(1) Prepare any obscene item for the purposes of sale or distribution; or

(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or

(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or

(4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this article shall be deemed prima facie evidence of a violation of this section.

For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this article may pass from one person, firm or corporation to another.

(Code 1950, § 18.1-228; 1960, c. 233; 1962, c. 289; 1970, c. 204; 1975, cc. 14, 15.)