Same-sex marriage has been legal in Virginia since 2014. Then in June 2015 the Supreme Court reienforced this legalization by legalizing same-sex marriage throughout the entire U.S. Despite the legalization of same-sex marriage, several states still have laws against same-sex marriage in their consitutions and statutes. However, those laws are no longer enforced. In this article, we will discuss why this is the case and the role of the federal and state governments in legalizing same-sex marriage.
Federal Level
Same-sex marriage is legal under federal law, which essentially makes it a constitutional right. That means that same-sex married couples receive the same rights as heterosexual married couples and are legally recognized across the country. Several states have tried to push back against the federal legalization of same-sex marriage, but the states have little power against federal law.
The change in federal law occurred in 2015 following a landmark case, Obergefell v. Hodges. This case was a compilation of 6 state-level cases that all were in favor of same-sex marriage rights. The cases were centered around family and the lack of rights same-sex couples had when they moved to states where same-sex marriage was illegal. The Supreme Court ultimately ruled in favor of Obergefell, legalizing same-sex marriage across the U.S.
State Level
Despite the federal law change in 2015 legalizing same-sex marriage, many states have not removed the ban on same-sex marriage from their state law. Although the laws are no longer relevant, some states simply haven’t gotten around to changing the state laws or purposefully keep them in protest against the federal law. As a result, there are currently 31 states with statutes or constitutions that ban same-sex marriage or other unions.
Virginia repealed the state bans on same-sex marriage in 2020 despite a volley of democratic protest against doing so. Though same-sex marriage was legal in Virginia for years prior to the change, repealing the bans removed any question about the legality of same-sex marriage in the state. Read more about the same sex divorce rate in Virginia here.
Conclusion
In Virginia, both state and federal law gives same-sex couples all of the same rights as hetero sexual couples. They have financial rights, guardianship rights, and other rights granted to married couples. This is a huge step toward equality and shows the LGBTQ+ community that they are equals to the rest of the state. It also shows that rights are rights no matter what identity a person holds. It’s a step against discrimination, and hopefully, other states also change their laws to reflect the legalization of same-sex marriage. Read more about the cost of a divorce attorney.