Tampering with George Mason’s Bill of Rights

I have an op‐​ed in the Washington Examiner on Virginia’s proposed constitutional amendment to restrict marriages, civil unions, domestic partnerships, and various contractual arrangements:

This amendment goes too far. But even its first sentence — the ban on gay marriage — is unworthy of a state that was the birthplace of American freedom. It is a cruel irony that this amendment to restrict contract rights and exclude loving couples from the institution of marriage is to be added to Virginia’s Bill of Rights, a document originally written by the great Founder George Mason.

Mason’s eloquent words inspired Thomas Jefferson in writing the Declaration of Independence and James Madison in writing the Bill of Rights for the U.S. Constitution. We should not add language to Virginia’s Bill of Rights that would limit rights rather than expand them.


Gay marriage is not legal in Virginia, and there’s no prospect of changing that in the foreseeable future, whether by legislative or judicial action. Ballot Question No. 1 is unnecessary and will create legal uncertainty.