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CONSTITUTIONAL AMENDMENTS.



Constitutional amendment (first resolution); marriage. Provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing a legal status "for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." HJ 586; CH. 946/SJ 337; CH. 949.
Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will permit localities to provide a partial exemption from real property taxation for real estate and associated new structures and improvements in conservation, redevelopment, or rehabilitation areas. HJ 633; CH. 947/SJ 275; CH. 948.
Constitutional amendment (first resolution); powers of the General Assembly; limitations on powers including incorporation of churches. Deletes language that prohibits the General Assembly from granting charters of incorporation to churches. This prohibition was held to be unconstitutional in 2002 by the United States District Court for the Western District of Virginia in Falwell v. Miller (203 F.Supp. 2d 624). The Court held that the prohibition against incorporation of churches violated the plaintiff church's First Amendment rights to the free exercise of religion. Since that case, the State Corporation Commission has granted charters to churches. This amendment deletes the now obsolete language and effects no change in current law on the powers of the General Assembly. SJ 339; CH. 950.

 


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Last updated: 05/12/05 12:55:40

© 2005 Division of Legislative Services.

2005 Digest | Code Commission | General Assembly