In Virginia, same-sex couples enjoy the same rights as their heterosexual counterparts. However, the status quo didn’t materialize overnight— a series of court battles and appeals were necessary. For a long time, the LGBTQ+ community in Virginia faced discrimination in all areas of their lives. Employment, accommodation, and accessing credit are just some of the areas affected by their sexual orientation. And unfortunately, members of the LGBTQ+ community didn’t have any explicit state laws protecting them. It took until October 2014 for same-sex marriage legal to become legal in Virginia, which granted same-sex couples equal rights.
However, Virginia’s same-sex marriage laws may be a bit confusing. You may wonder whether or not same-sex couples can legally wed, adopt, and set up shared health insurance plans. In this article, we’ll discuss all these issues and more.
Virginia Same-Sex Marriage History
Same-sex marriages weren’t recognized in Virginia for decades. Same-sex couples had to jump several hoops and legal hurdles to receive equal rights and recognition from the state. The first hurdle was the explicit ban of same-sex marriages in 1975 in Virginia. The prohibition was further reinforced in 1997 when the Virginia State Senate approved a bill that banned the recognition of marriages from same-sex couples from other states. Fortunately, that same bill was repealed a few months later by the Virginia House of Delegates. However, there was still a series of back and forth between bans, approvals, and appeals of same-sex marriages until October 2014, when they were finally made legal. Learn about which states allow same-sex marriage.
Same-Sex Marriage And Adoption
Progress wasn’t only made in terms of legalizing same-sex marriages but infiltrated into other aspects like adoption. Same-sex couples in Virginia are now allowed to adopt children legally. Same-sex couples have the same adoption right as single unmarried persons and different-sex couples. However, same-sex couples need to be married first before they can adopt a child together. And like heterosexual couples, the home needs to be inspected before the couple can adopt a child.
The adoption process conditions aren’t too stringent and allow same-sex couples some leeway when choosing a child. For instance, they can process the adoption via an agency or as a parental placement adoption. Plus, the adoption pool isn’t only limited to Virginia, and there are no age restrictions involved.
Same-Sex Cohabitation
The law is straightforward regarding the legal same-sex marriage process. But not every couple is ready to tie the knot. So what are the laws regarding same-sex cohabitation? Fortunately, same-sex couples can enjoy the same rights as heterosexual couples. As of April 28, 2016, according to the Supreme Court of Virginia, cohabitation laws for heterosexual couples also apply to same-sex couples. Put simply, same-sex couples cohabiting together are considered to be in a relationship that is analogous to marriage.
Cohabitation laws for same-sex couples usually come under scrutiny if the couple is no longer together, particularly concerning paying spousal support. In this regard, if the persons involved have been together for less than a year, the other partner is not obliged to pay spousal support. Read about same-sex marriage and divorce in Virginia.
Conclusion
Same-sex marriages have come a long way in Virginia. After several court cases, bans, and appeals, same-sex couples can now legally marry in Virginia. Along with the legalization of same-sex marriages, LGBTQ+ married couples can now enjoy the rights enjoyed by other couples. For instance, they can adopt a child together. For those who prefer to only live in a joint household, their relationship is also now legally recognized in the state of Virginia.