By Kelly Evans

Nearly two-thirds of Lexington voters voted “no” on the marriage amendment, a proposed ban on same-sex marriages that won two-thirds approval from voters in Rockbridge County and in Virginia. Statewide, the amendment passed 57-43 percent.

Virginia was one of nine states to have such an amendment on the ballot Tuesday, a strategy that observers say helps motivate conservative Christians to vote.

Lexington’s opposition indicated a strong turnout among the city’s traditionally liberal voters.

Supporters of the amendment, which passed the Virginia House of Delegates last year, said it will protect and upholds the sanctity of marriage. Early returns Tuesday showed that a majority of Virginians voted “yes” to the amendment.

But those who oppose the amendment do so for a variety of reasons. Some claim it would write discrimination into Virginia’s Constitution. Others point out that same-sex marriage is already illegal in the state. And others say that the wording of the amendment would remove civil and legal rights for other homo or heterosexual couples concerning contracts, wills, medical decisions, insurance policies, and protection under domestic violence laws.

“It’s the second two sentences that are problematic,” said Kerry Hart, the Education and Outreach Coordinator at Project Horizon in Lexington, Va. Project Horizon is a non-profit agency in the Rockbridge area that works to reduce domestic violence through intervention and prevention programs.

The first sentence of the proposed amendment says: “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.” Hart said that while that amendment is unnecessary because Virginia law already outlaws gay marriage, the second two sentences pose a direct threat to victims of domestic abuse.

“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,” says the second sentence.

“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.”

By refusing to recognize other forms of domestic partnerships, the proposed amendment would nullify current Virginia laws that extend marriage-type privileges to other types of unions.

Domestic violence victims currently receive additional protections they could not receive under assault and battery laws, such as protective orders, temporary child support and custody, and temporary housing.

“Voting ‘yes’ hurts domestic violence victims and brings up a range of legal issues,” said Pam Simpson, a professor of art history at Washington & Lee University and president of the local National Organization for Women (NOW). “It’s the implications of the law that make it such a bad piece.”

Democratic party volunteer Joyce Denton said that in the traditionally-Democratic city of Lexington, she expected most people to vote “no” to the amendment.

“A lot of people who come in say it isn’t necessary,” she said. “Most people are going to vote ‘no’.”

Virginia’s proposed marriage amendment is also of national interest because of similar amendments 11 states passed in 2004. Some political analysts say the conservative voters who turned out to pass those amendments may also have helped the Republican party retain its hold on Congress and the Presidency that year.

“Critics said the only reason (President) Bush and (Senate Majority Leader) Frist are reviving the issue is for election-year pandering to conservative voters, who, polls show, have grown disaffected with the president for various reasons,” the Washington Post reported in June.

“It’s about bringing that population out to vote,” said Simpson, who worked with NOW to sponsor an information session about the amendment Sept. 19 at the Rockbridge Regional Library. “People think they’re voting against gay marriage…There’s a good deal of misunderstanding,” she said.

“It has been touted as the gay marriage amendment but same sex marriages are already illegal under Virginia law,” said Hart, whose office is working to educate the public about the possible consequences for victims of domestic violence.

“There are real, tangible implications for domestic violence victims in the immediate future” if the amendment is passed, she said.