Filed a lawsuit claiming procedural defects in “omitting public inspection procedures during the proposal process”
Scheduled to be submitted to referendum on November 3… “Clarification of federal basic rights in preparation for changes in Supreme Court ruling”
Concerns about violation of religious freedom vs. guaranteed right to marriage… There will be no trial before the election
With Virginia's constitutional amendment recognizing same-sex marriage as a fundamental right under the state constitution scheduled for a referendum on November 3, a local pastor filed a lawsuit in court, raising questions about procedural legitimacy.
On the 28th, Ben of Occoquan Bible Church in Woodbridge Pastor Purvis filed a complaint in the county circuit court, claiming that the Virginia General Assembly failed to follow the necessary legal procedures in the process of putting the same-sex marriage amendment to the referendum.
Josh Hetzler, executive director of the Founding Freedoms Law Center, who represented the plaintiff, said, "Prior to the House vote last year, the state House clerk and local clerks made it easy for the general public to check copies of the relevant amendments. He pointed out procedural flaws, saying, “It was not properly announced or disclosed to allow for this.” Pastor Purvis stated the purpose of the lawsuit, saying, "If this amendment passes the referendum, religious freedom will be seriously threatened in the future."
This amendment, which is being submitted to the vote, includes provisions protecting the right of two adults to marry, regardless of sex or gender, under the state constitution. Same-sex marriage was legally recognized across the U.S. following the U.S. Supreme Court's 'Obergefell v. Hodges' ruling in 2015, but the Virginia Constitution still contains existing provisions prohibiting same-sex marriage, leading to continued legal inconsistency.
State Representative Kirk McPike, who led the bill, said, "Same-sex marriage is legal under any circumstances, including future changes in the Supreme Court's rulings." He explained the purpose of the bill, saying, "We are trying to establish a clear mechanism at the state level so that couples do not have doubts about the legal validity of their marriage.
Meanwhile, this lawsuit is not scheduled to be heard by a judge before the referendum on November 3, so the vote will proceed as scheduled. Attention is being paid to whether new legal variables will arise in the process of executing election results depending on the court's final decision.