Marshall-Newman Amendment

The Marshall-Newman Amendment also referred to as the Virginia Marriage Amendment is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximating the design, qualities, significance, or effects of marriage". The amendment was ratified by 57% of the voters on November 7, 2006.

Background
Virginia's amendment is alone in preventing the state from recognizing private contracts; South Carolina's amendment explicitly disavows such an aim. Observers have pointed out that such language encompasses private contracts and medical directives.

The text of the amendment states:

"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."

Criticism
The far-reaching nature of the Marshall-Newman Amendment intended to re-enforce its "Marriage Affirmation Act has attracted criticism. Writing in The Washington Post, Jonathan Rauch argued that:

"Virginia appears to abridge gay individuals' right to enter into private contracts with each other. On its face, the law could interfere with wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts. If a gay Californian was hit by a bus in Arlington, her medical power of attorney might be worthless there."