Virginia LGBT Laws

Consensual sex between same sex persons aged eighteen (18) years and over in private may be defensible in court based on Lawrence v. Texas, but not those under 18 [C1.1].

See also: Courts & Tribunals in MacDonald v. Tim Moose and Keith Holder that held Virginia’s sodomy law to be unconstitutional [C2.10], R2.9].

On 22 February 2019, the legislature passed bill HB 1979ER (Senate 28-12, House 63-36) enabling single individuals and same-sex couples to have the opportunity to give birth by surrogacy [R1.1].

On 23 February 2010, Judge William Cohen found Lisa Miller of Forest, Virginia, in contempt of court and issued the arrest warrant during a brief hearing in the Vermont Rutland County family court. The arrest order applies only in Vermont [R1.9].

On 17 February 2010, a judge in Bedford County, Virginia, decided not to press charges against Lisa Miller, saying the woman couldn’t be held in contempt of court because she was never notified of the pending charges – for the reason that no one knows where she, or 7-year-old Isabella, is [R1.8].

In December 2009, family court Judge William Cohen ordered the biological mother of a seven-year-old Vermont girl be handed over to her former partner, the mother being in contempt of court for denying access to the child [R1.7].

On 01 January 2010, the biological mother ordered to hand over custody of her child to her lesbian ex-partner could be charged with parental abduction for failing to comply with a court order [R1.6].

On 20 November 2009, family court Judge William Cohen issued a 21-page decision granting custody to the non-biological mother of a 7-year-old girl as the result of a child visitation lawsuit between a former lesbian couple [R1.5].

In June 2008, the Virginia supreme court ruled that the state must enforce a Vermont court order awarding child visitation rights to a mother’s lesbian former partner [R1.4].

In July 1998, a divorced West End mother subsequently living in a lesbian relationship was awarded continued custody of her two young children by the Henrico County Juvenile and Domestic Relations District Court [R1.3].

In July 1997, the Court of Appeals of Virginia reversed a visitation order against Sharon Bottoms, whose son was taken away four years ago because she is a lesbian, citing the best interest of her biological child [R1.2]

In August 1996, a lesbian who lost custody of her son in a court battle with her own mother abandoned her three-year fight to get that decision overturned [R1.1].

In January 2011, a committee in the state Senate approved a bill making it possible for state employees to add samesex partners to their health benefits plan. The measure does not mandate provision of such benefits, but removes any obstacle in existing state public employee benefits law for a jurisdiction that wants to make such benefits available [R1.5].

In April 2004, Virginia Governor Mark R. Warner signed legislation that bans the state from recognizing civil unions or providing any benefits enjoyed by married couples. The new legislation denies the privileges of marriage to gay couples in “a civil union” [R1.4].

The law, which takes effect 01 July 2004, prohibits a civil union, partnership contract or “other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage.” It does not define what types of arrangements it would cover, leaving many legal experts with conflicting opinions [R1.3].

Since the 1950s the law in Virginia says provides that insurers with state licenses can extend coverage only to spouses and dependent children, thus restricting those insurance companies from writing group policies that cover domestic partners [R1.2].

In July 2003, self-insured larger companies who underwrite their own insurance plans were reportedly not so restricted [R1.2]

In July 2003, the Virginia Housing Development Authority’s “family rule” requiring people applying jointly for a low-interest loan to be related by blood, marriage or adoption, and effectively banning unmarried couples, gay partners and other unrelated adults, was lifted [R1.1].

In January 2003, a bill to expand the definition (of spouses and dependent children) to include household members “in whom the primary insured has an insurable interest” and “who reside in the same household as the insured” failed in a 15–6 vote to get through the Commerce and Labor Committee in the House of Delegates [R1.2].

In 1997, Arlington County offered domestic partner benefits however, the Court ruled the policy was unlawful (see Courts & Tribunals below).

On 28 October 2013, Richmond City Council approved 5-3 an ordinance extending benefits to the spouses of employees in same-sex relationships. Charlottesville City Council approved a similar ordinance on 07 October [R3.1].

On 28 April 2016, the State Supreme Court reversed a Fairfax County judge and the Virginia Court of Appeals ruling that Michael Luttrell was obliged to pay spousal support to his divorced wife Samantha Cucco even though she had subsequently cohabited in a same-sex partnership. The Court ruled that a gay couple can be legally considered to have ”a relationship analogous to marriage”, reversing and remanding the case to the Court of Appeals and Circuit Court [C4.7], [R4.6].

On 27 April 2011, Judge C Randall Lowe reversed his original rulling, determining that Michael Dye and Brian Justice cannot be legally married and an order granting a petition to change their last names to Dye-Justice does not convey any benefits of marriage [C4.5], [R4.4].

On 07 January 2011, Circuit Court Judge C Randall Lowe reversed his October 2010 decision and ruled that a woman could now take the last name of her lesbian partner as it would not be made for a fraudulent purpose [R4.3[.

In April 2000, a unanimous Virginia Supreme Court struck down an Arlington County law yesterday that conferred health insurance benefits on the unmarried domestic partners of local government employees [R4.2].

In March 1999, an Arlington judge ruled that the county’s policy of providing health insurance benefits to its unmarried workers’ domestic partners is prohibited under state law [R4.1].

On 23 January 2018, US District Judge Raymond A Jackson granted a motion to dismiss the claims of anti-LGBT hate group Liberty Counsel that alleged (inter alia) that GuideStar defamed it by representing Liberty Counsel as a ”hate group” [R1.1].

On 08 February 2018, the House General Laws subcommittee reportedly voted 5 to 2 to kill bills to ban anti-LGBT discrimination in housing and jobs [R1.16].

On 23 January 2017, the Senate Committee on General Laws and Technology approved 12-4 Senate Bill 783, which would ban discrimination against state employees based on sexual orientation and gender identity and Senate Bill 822, which would add LGBT-specific protections to the Virginia Fair Housing Law, passed by an 11-3 vote margin. Both bills will now go before the full Senate [R1.15].

On 05 January 2017, Governor Terence McAuliffe signed into effect Executive Order 61 (2017) requiring all future state contractors with the Executive Branch to agree to a non-discrimination policy that includes discrimination based on sexual orientation or gender identity [L1.14], [R1.13].

On 30 March 2016, Governor Terry McAuliffe vetoed SB41, a ”religious liberty” bill that would have prevented the state from penalizing businesses and individuals who cite faith-based grounds for discriminating against same-sex couples, transgender people, and people who have sex outside of marriage [R1.12].

On 25 February 2016, the Senate approved 21-19 an amended version of HB 773, a “religious freedom” bill protecting any person authorized to perform a marriage ceremony and any religious organization or organization supervised or controlled thereby, from providing services, accommodations, facilities, goods, or privileges, if the action would cause the individual or organization to violate a sincerely held religious belief. Gov. Terry McAuliffe has pledged to veto HB 773 [R1.11].

On 20 January 2014, the Virginia Senate General Laws and Technology Committee in a 7-7 vote struck down Senate Bill 248, a bill that would have banned discrimination against LGBT state employees [R1.10].

On 11 January 2014, Governor Terry McAuliffe signed an executive order that bans discrimination against LGBT state employees based on sexual orientation, gender identity and expression [R1.9].

On 31 January 2013, the House of Delegates passed 80–19 Bill HB 1617 that prohibits “discriminating against a student organization or group on the basis of the religious, political, philosophical or other content of the organization or group’s speech” and to determine who will not be allowed in their membership [R1.8].

On 25 January 2013, the Senate passed 24–16 Bill SB 701 that would make it unlawful for gay and lesbian state employees to be discriminated against, but the proposal faces an uncertain future in the House of Delegates [R1.7].

On 02 February 2011, the Senate passed Sen. Donald McEachin’s bill (Fairness and Justice Act) 22–18, a measure to prohibit state government from discriminating against employees because of their sexual orientation. On 01 February 2011, a House committee killed a similar proposal [R1.6].

On 10 March 2010, Governor Bob McDonnell directed state agencies not to discriminate against gay people, essentially overriding the state attorney general’s advice to colleges [R1.5].

Previously:

In March 2010, Attorney General Ken Cuccinelli II was reported to have sent a letter to state colleges and universities asking officials to end policies banning discrimination based on sexual orientation, on the ground that it was up to the discretion of the General Assembly to offer protections to gay and lesbian state employees [R1.4].

On 02 March 2010, a house of delegates subcommittee killed legislation aimed at banning job discrimination against gay state employees [R1.3].

On 09 February 2010, a bill passed by the Senate for the first time that would have protected state workers from discrimination based on sexual orientation died in a Virginia house of delegates subcommittee. Republican Governor Robert McDonnell had not renewed executive orders from two previous Democratic governors that protected state workers from discrimination based on sexual orientation [R1.2].

In 2005, Virginia policy for the first time barred state agencies from discriminating against gays in hiring and promotions [R1.1]

On 13 April 2017, the Virginia Supreme Court dismissed a lawsuit filed by Liberty Counsel on behalf of Traditional Values Coalition President Andrea Lafferty and an unnamed minor and his parents, that challenged the inclusion of sexual orientation and gender identity in the Fairfax County School District’s nondiscrimination policy, ruling Lafferty and the other plaintiffs did not have legal standing to challenge the inclusion of gender identity and sexual orientation in the policy [C2.7], [R2.6].

On 06 March 2017, the US Supreme Court vacated the US Court of Appeal for the Fourth Circuit judgment in the so-called ”transgender bathroom” case and remanding it to the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017 [C2.5], [D2.4], [R2.3].

On 19 April 2016, the US Court of Appeals for the Fourth Circuit upheld the Department of Education’s interpretation of Title IX of the Education Amendments of 1972 to the law, banning sex discrimination and requiring school districts to allow transgender people to use the restroom that corresponds with their gender identity [C2.2], [R2.1].

On 13 December 2018, the Virginia Supreme Court found that the The circuit court abused its discretion by finding that good cause did not exist for consideration of the application of M2F transgender inmate Brian Allen Leonard to change her name to Bree Anna Leonard and by employing an inappropriate procedure to make that determination. Accordingly, the Court reversed the circuit court’s ruling and remanded the case to the circuit court for further proceedings consistent with this opinion [C1.37], [R1.36].

On 02 June 2018, it was reported that the Gloucester County School Board, that was sued by a transgender student Gavin Grimm over its bathroom rules, said it is appealing a federal judge’s decision [R1.35].

On 22 May 2018, the US District Court of the Eastern District of Virginia ruled that Title IX and the Constitution protects transgender students from being blocked from using the restroom that matches their gender identity, finding in favor of transgender teenager Gavin Grimm in his fight against Gloucester County School Board to use the men’s restroom and dismissing a motion to dismiss filed by the School. The Supreme Court said it would not hear the case in March of 2017, and the case was pushed back to the 4th Circuit Court of Appeals, which sent the case back to the district court in July of 2017 [C1.34], [R1.33].

On 03 August 2017, the US Court of Appeal for the Fourth Circuit remanded the Gavin Grimm v. Gloucester County School Board case in which a transgender boy challenged his being denied use of the boys’ room at his school. The Court remanded the case to the District Court to determine whether Gavin Grimm has a continuing interest, he having since graduated from the school [C1.32], [R1.31].

On 01 June 2017, it was reported that the US Court of Appeals for the Fourth Circuit had tentatively scheduled arguments in Gavin Grimm’s case against the Gloucester County School Board for its September session [R1.30].

On 06 March 2017, the US Supreme Court vacated the US Court of Appeal for the Fourth Circuit judgment in the so-called ”transgender bathroom” case and remanding it to the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017 [C1.29], [D1.28], [R1.27].

On 28 October 2016, the US Supreme Court agreed to hear (certiorari granted) the Gloucester County School Board v. G.G. transgender rights case which could determine whether schools are required to let students use bathrooms based on gender identity [C1.26], [R1.25].

On 11 October 2016, it was reported that judge Dennis L Hupp in the Twenty-Sixth Judicial Circuit Court in Shenandoah County approved the application of M2F transgender Kendra Catherine Brill to change her name from William Joseph Brill. On 30 October 14, the judge first denied the request partly because of her probation in Botetourt County, now extended. Brill is now waiting for the change to be processed [R1.24].

On 26 August 2016, the Virginia Supreme Court refused to hear the appeal of 24-year-old M2F transgender Aileta Jane Ilana (born Christopher James Swicegood) an inmate at the medium-security Federal Correctional Institution Petersburg, stating she had failed to timely file the petition for appeal. On January 19, 2016, without hearing anything from her (she being imprisoned), Judge Nathan C. Lee denied her petition, reasoning that being transgender is not ”good cause” for a name change. Swicegood has received treatment for her gender dysphoria and has started the transition from a male to a female presentation but has been denied any assistance in the law [R1.23].

On 03 August 2016, the US Supreme Court voted 5-3 to temporarily stay the order of the United States District Court for the Eastern District of Virginia permitting the plaintiff, G.G., to use the boys’ restroom at Gloucester High School [C1.22], [R1.21].

On 13 July 2016, the Gloucester County School Board filed an emergency petition in the US Supreme Court seeking to stay a temporary injunction and a previous appeals court ruling in the G.G. v. Gloucester County School Board transgender bathroom case until it can fully argue its case [R1.20].

On 06 July 2016, Judge Robert G Doumar denied the Gloucester County School Board request to stay his 23 June order pending an appeal to the Supreme Court saying the appeals court’s actions indicated that it wanted its judgment to take effect immediately. The School Board has appealed that ruling to US Court of Appeals for the Fourth Circuit [C1.19], [R1.18].

On 23 June 2016, Judge Robert G Doumar on the US District Court for the Eastern District of Virginia ordered that Gloucester County School Board permit the plaintiff, G.G., to use the boys’ restroom at Gloucester High School until further order of this Court [C1.17], [R1.16].

On 31 May 2016, the US Court of Appeals for the Fourth Circuit denied a request by the Gloucester County School Board for a full court rehearing of a controversial transgender bathroom case, Circuit Judge Niemeyer dissenting [C1.15], [R1.14].

On 19 April 2016, the US Court of Appeals for the Fourth Circuit upheld the Department of Education’s interpretation of Title IX of the Education Amendments of 1972 to the law, banning sex discrimination and requiring school districts to allow transgender people to use the restroom that corresponds with their gender identity [C1.13], [R1.12].

On 17 September 2015, the Memorandum Opinion of US District Judge Robert G. Doumar in the Gavin Grimm v. Gloucester County School Board case was released. In dismissing the Title IX discrimination claims in the lawsuit (so preventing 16-year-old f2M transgender student Gavin Grimm from using the boys’ restrooms at the start of school on 08 September, the Judge said that federal law allows schools to separate restrooms based on sex and saying “Not only is bodily privacy a constitutional right, the need for privacy is even more pronounced in the state educational system” [C1.11], [R1.10].

On 04 September 2015, US District Court Judge Robert G Doumar ruled against Gavin Grimm, a f2m transgender male student who sought a preliminary injunction challenging a recent resolution of Gloucester County School Board seeking to resume using the boys’ restrooms when school begins this fall. On 09 December 2014, the Board enacted a policy that overruled the decision of school administrators and categorically barred transgender students from using restrooms that correspond with their gender identity [C1.9], [R1.8].

On 21 May 2014, Lynchburg Circuit Court Judge F Patrick Yeatts granted the application of Julianna Tourmaline Fialkowski, 24, to change her name from Joseph David Fialkowski. The Judge had previously denied the application in January [R1.7].

On 28 August 2013, US District Court, Western District of Virginia Judge James C. Turk ruled that Ophelia De’Lonta, a 53-year-old, pre-operative transexual, is entitled to get evaluated by a gender identity specialist of her choice, at her expense [C1.6], [R1.5].

On 28 January 2013, the United States Court of Appeals for the Fourth Circuit (JJ Motz, King and Diaz), reversed the District Court dismissal of Ophelia De’Lonta v. Gene Johnson & Ors in which De’Lonta alleged the refusal to evaluate her for a sex-change operation was in violation of her constitutional rights – remanding the case for further proceedings [C1.4].

On 04 November 2011, transgender inmate Ophelia De’Lonta filed an appeal in the US Court of Appeals, Fourth Circuit [C1.3], [R1.2] of the 28 October 2011 ruling of James C. Turk in the US District Court for the Western District of Virginia dismissing her suit seeking a court-ordered sex change operation [C1.1].

Virginia is one of 20 states without protections for LGBT individuals [R1.1].

In states without protections, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act allows the federal government to pursue charges in states with no LGBT hate crime laws [R1.1].

On 16 January 2018, the Senate Courts of Justice Committee voted 9-6 to block a law that would have added LGBT protections to state hate crime laws [R1.1].

Consensual sex between same-sex couples is lawful.

On 23 April 2014, Governor Terry McAuliffe approved bill SB14 amending the Crimes Aganist Nature provision §18.2-361 in the Code of Virginia to read [L1.2].

“A. If any person carnally knows in any manner any brute animal or voluntarily submits to such carnal knowledge, he is guilty of a Class 6 felony.”

On 06 March 2014, the House of Delegates unanimously (100-0) passed bill SB14 that revises the “Crimes Against Nature” statute (§18.2-361), formally decriminalizing oral and anal sex between consulting adults regardless of sexual orientation. The bill is awaiting the signature of Gov. Terry McAuliffe before it goes into effect [R2.11].

On 07 October 2013, the US Supreme Court denied a petition for a writ of certorari against the 4th U.S. Circuit Court of Appeals in MacDonald v. Tim Moose and Keith Holder holding that Virginia’s sodomy law was unconstitutional [C2.10], [R2.9].

On 12 March 2013, the 4th U.S. Circuit Court of Appeals in MacDonald v. Tim Moose and Keith Holder held 2-1 that the long-standing “Crimes against Nature” law, which criminalized anal and oral sex in Virginia was unconstitutional [C2.7], [R2.6].

Previously:

The criminal law in Virginia prohibited consensual sex between same-sex couples [R1.1].

On 07 October 2013, the US Supreme Court denied a petition for a writ of certorari against the 4th U.S. Circuit Court of Appeals in MacDonald v. Tim Moose and Keith Holder holding that Virginia’s sodomy law was unconstitutional [C2.10], [R2.9].

On 09 August 2013, US Chief Justice John Roberts denied a request by Virginia Attorney General Ken Cuccinelli that a lower court ruling overturning the state’s sodomy law be put on hold while the Supreme Court decides whether to hear Cuccinelli’s appeal. See: MacDonald v. Tim Moose and Keith Holder [R2.8].

On 12 March 2013, the 4th U.S. Circuit Court of Appeals in MacDonald v. Tim Moose and Keith Holder held 2-1 that the long-standing “Crimes against Nature” law, which criminalized anal and oral sex in Virginia unconstitutional [C2.7], [R2.6].

On 14 January 2005, the Supreme Court of Virginia in Martin v. Ziherl, held that the Virginia criminal law against (opposite sex) fornication was unconstitutional. The court’s decision followed the 2003 ruling of the U.S. Supreme Court in Lawrence v. Texas [C2.5].

In June 2003 US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Virginia law [C2.4], [R2.4].

However, Circuit Judge Edward W. Hanson Jr. said the June Supreme Court ruling in Lawrence v. Texas applied to sodomy that occurs in private, not sodomy that takes place in public and that Viriginan the law does not distinguish between private and public sodomy, finding that the case against a man accused of soliciting sodomy in a shopping mall bathroom could proceed. If convicted, the alleged offender could face up to five years imprisonment [R2.3].

In December 1999, the Virginia Court of Appeals agreed to review the constitutionality of a state law that makes oral sex between consenting adults a felony and in November 2000 ruled that the state’s sodomy law was not unconstitutionally applied in the case of 10 gay men arrested in 1998 for cruising in a Roanoke park [R2.2].

In March 1999, Roanoke Circuit Judge Richard Pattisall was asked to rule on whether a law that makes consensual oral sex a felony is an unconstitutional violation of privacy and should not be used to prosecute 17 men charged with cruising for sex in a Roanoke park [R2.1].

On 07 February 2017, the Senate passed 21-19 Senate Bill 1324 aimed at protecting religious institutions that oppose gay marriage. The House approved a similar bill last week. Governor Terry McAuliffe, a Democrat, has pledged to veto the legislation [R1.8].

On 23 January 2017, the Senate Committee on General Laws and Technology approved 4-2 House Bill 2025, which would prohibit the state from punishing anyone who refuses to officiate a same-sex marriage if it violates their religious beliefs [R1.7].

On 30 March 2016, Governor Terry McAuliffe vetoed SB41, a ”religious liberty” bill that would have prevented the state from penalizing businesses and individuals who cite faith-based grounds for discriminating against same-sex couples, transgender people, and people who have sex outside of marriage [R1.6].

On 27 January 2015, the Senate Privileges and Elections Committee rejected 8-7 a proposal to begin the process of repealing the amendment approved by Virginia voters in 2006 defining marriage as a union between a man and a woman despite Federal Court decisions finding the ban unconstitutional [R1.5].

On 07 October 2014, Governor Terry McAuliffe issued an executive order directing state agencies to comply with the US Supreme Court order that it was not going to consider appeals from lawmakers in several states who wished to uphold same-sex marriage bans, paving the way for same-sex marriages to commence [R1.4].

On 20 January 2014, the Virginia House of Delegates Civil Law Subcommittee in a 4-5 vote struck down House Bill 939, a proposal that would have repealed the state’s statutory same-sex marriage ban [R1.3].

In 1997, the Virginia legislature passed the Affirmation of Marriage Act prohibiting marriages between same-sex couples [R1.2].

On 30 June 2008, Attorney Howard Gwynn said a couple who obtained a marriage license and exchanged vows in Virginia before officials realized both were biologically men will not face charges [R1.1].

See: Courts & Tribunals below.

On 28 April 2016, the State Supreme Court reversed a Fairfax County judge and the Virginia Court of Appeals ruling that Michael Luttrell was obliged to pay spousal support to his divorced wife Samantha Cucco even though she had subsequently cohabited in a same-sex partnership. The Court ruled that a gay couple can be legally considered to have ”a relationship analogous to marriage”, reversing and remanding the case to the Court of Appeals and Circuit Court [C2.25], [R2.24].

On 06 October 2014, the US Court of Appeals for the Fourth Circuit issued its mandate in Bostic v McQuigg allowing same-sex marriages to proceed this day [C2.23], [R2.22].

On 06 October 2014, the U.S. Supreme Court denied review of five cases from Indiana, Oklahoma, Utah, Virginia and Wisconsin seeking the freedom to marry, leaving in force the five favorable marriage rulings reached in three federal appellate courts, meaning that soon, as many as 60% of the American people will be living in freedom-to-marry states [C2.21], [R2.20].

On 29 September 2014, the nine justices of the US Supreme Court likely met to discuss whether they should take up any or all of the seven petitions before the Court from Indiana, Oklahoma, Utah, Virginia and Wisconsin on the issue of marriage equality. (The only public word from the Court after the conference will be its order list. The list could be released earlier but likely will issue on 06 October) [R2.19].

On 20 August 2014, the US Supreme Court granted an application to stay the federal appeals court’s ruling in Bostic v. Schaeffer against Virginia’s ban on same-sex marriage, blocking same-sex marriages from taking place [C2.18], [R2.17].

On 14 August 2014, attorneys representing a county clerk in northern Virginia asked the US Supreme Court to stay the Bostic v. Schaeffer decision by the 4th U.S. Circuit Court of Appeals in Richmond. US Supreme Court Chief Justice John Roberts set a deadline of Monday at 5 p.m. EDT for attorneys representing two same-sex couples to respond to a request [R2.16].

On 13 August 2014, the US Court of Appeals for the Fourth Circuit denied a request to delay implementation of its ruling striking down Virginia laws denying marriage to same-sex couples. The court’s action means that, unless the Supreme Court intervenes, couples may begin marrying and having their out-of-state marriages recognized in Virginia on August 21 [C2.15], [R2.14].

On 28 July 2014, the US Court of Appeals for the Fourth Circuit ruled 2-1 in Bostic v. Schaeffer that Virginia’s same-sex marriage ban is unconstitutional [C2.13], [R2.12]. The ruling is subject to an application for an en banc review within 14 days or appeal to the US Supreme Court [R2.11].

On 20 March 2014, the 4th U.S. Circuit Court of Appeals scheduled 13 May for argument in the Bostic v. Schaefer case [R2.10].

On 10 March 2014, the 4th U.S. Circuit Court of Appeals tentatively scheduled the week of 12 May for oral arguments on Virginia’s constitutional ban on same-sex marriages in the Bostic v. Schaefer case (formerly Bostic v. Rainey). The court also granted the plaintiffs in a parallel case, Harris v. Rainey, permission to intervene on the side of plaintiffs in Bostic v. Schaefer [R2.9].

On 13 February 2014, District Judge Arenda Wright Allen ruled that Virginia’s ban on same-sex marriage is unconstitutional, issuing a stay of her order while it is appealed [C2.8], [R2.7].

On 31 January 2014, Judge Michael Urbanski in the US District Court for the Western District of Virginia certified the Joanne Harris et. al. v. Janet M Rainey et. al. case as a class action, extending the challenge to the state’s ban on marriage for same-sex couples to all same-sex couples in the state who cannot legally marry or whose legal marriages performed elsewhere are not recognized by the Commonwealth [C2.6], [R2.5].

On 23 December 2013, the federal court denied a motion from the Staunton Circuit Court Clerk seeking dismissal of a lawsuit challenging Virginia’s ban on marriage for gay and lesbian couples [R2.4].

On 03 September 2013, an amended complaint seeking declaratory, injunctive and other relief was filed in the US District Court for the Eastern District of Virginia in the case of Timothy B Bostic et. al. v. Janet M Rainey & Another No. 2:13-cv-395 asserting that the Virginia law that bars same-sex marriage or prohibits the State’s recognition of otherwise-lawful same-sex marriages from other jurisdictions in in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution [C2.3].

On 31 July 2013, the American Civil Liberties Union (ACLU), the ACLU of Virginia and Lambda Legal filed a federal class action lawsuit seeking the freedom to marry for all same-sex couples in Virginia as well as an end to Virginia’s refusal to recognize marriages same-sex couples have legally entered elsewhere [C2.2], [R2.1].

Virginian law does not specifically prohibit adoptions by homosexuals.

On 23 January 2015, the Senate Rehabilitation and Social Services Committee rejected 8-7 Bill SB679, a proposal to extend adoption rights to the partners of unmarried gay partners [R1.8].

On 10 October 2014, Governor Terry McAuliffe directed the Virginia Department of Social Services that adoption between same-sex spouses is now legal across the Commonwealth [R1.7].

On 24 January 2014, the Senate Rehabilitation and Social Services Committee by a 6-6 vote margin struck down SB 336, a bill that would have extended second-parent adoption rights to gays and lesbians [R1.6].

On 21 February 2012, the Senate voted 22–18 to pass legislation allowing private agencies to deny placements that conflict with their religious or moral beliefs, including opposition to homosexuality. The Bill only needs Republican Gov. Bob McDonnell’s signature to take effect 01 July [R1.5].

On 03 February 2012, the state House voted 71–28 to pass a bill allowing private adoption agencies to deny placements that conflict with their religious or moral beliefs, including opposition to homosexuality. Earlier, a Senate committee endorsed its version of the Republican-backed measure in an 8–7 party-line vote [R1.4].

On 14 December 2011, the state Board of Social Services voted 5–1 to approve regulations that (from 01 May 2012) would allow private adoption agencies to deny services to people based on sexual orientation, age, disability or family status, among other areas [R1.3].

On 20 April 2011, the State Board of Social Services voted 7 to 2 to continue allowing faith-based organizations to discriminate against adoptions by gay couples [R1.2].

In August 2002, the Department of Social Services’ consideration of an application reportedly “will be limited to whether the proposed placement is contrary to the interests of that child” [R1.1].

On 08 January 2016, Virginia Beach Circuit Court Judge Steven Frucci ruled Lauren Renee Poole, despite not having a DNA connection to the boy born to the married couple in 2014, is as much of a parent as the estranged biological mother Karen Elizabeth Poole is to their child, and he intended to allow Lauren visitation rights with the child subject to any application by the guardian ad litem and leaving the question of custody yet to be argued (trial set down for 30 June 2016) [C2.3], [R2.2].

On 08 December 2014, Richmond Circuit Court Judge T J Markow ordered the Office of Vital Records in the Virginia Department of Health to amend the birth certificates to show Maria Hayman (the gestational mother) and Joani Hayman (the genetic mother) as the “only parents of the children” Flannan Finn Hayman and Merida Mirin Hayman, twin son and daughter born 13 June 2013 [R2.1].

On 05 December 2017, the US Court of Appeals for the Fourth Circuit found that Manassas City Police Department Detective David E Abbott (now deceased), in investigating allegations that 17-year-old Trey Sims used his cellular telephone to send sexually explicit photographs and video recordings of himself to his 15-year-old girlfriend, allegedly demanded that Sims manipulate his penis to achieve an erection, thereby violating Sim’s right of privacy under the Fourth Amendment [C1.2], [R1.1].

On 08 November 2013, the Virginia Department of Taxation issued a bulletin affirming that the state will not conform to the US Internal Revenue Service’s new tax treatment of same-sex married couples because state law and a state constitutional amendment prohibit recognition of gay marriage [D1.2], [R1.1].