Live Where You Can Be More Free

ARLINGTON, Va. (AP) - Real estate agents in northern Virginia say they’re seeing a growing migration of gay people out of the state after recent legislative action perceived by some as hostile.

Reston-based real estate agent Evan Johnson, who caters to mostly gay clients, says he’s seeing more gay people moving to D.C. and Maryland rather than relocating in Virginia. He says they’re moving even though Virginia is less expensive. [...]

A 2004 Virginia law prohibits civil unions or other “partnership contracts.” Many are worried it could threaten contracts used by gay couples to share ownership of property, draft adoption papers or to arrange hospital visitation.

Beth Lower and Kati Towle chose to move out of Arlington when Towle became pregnant because a lawyer told them not to have the child in Virginia. (source)

I say, move to where you can have “more” freedom. I think we can expect to see more of this sort of thing as other states move to disallow even civil unions or other legal contracts between gay couples. The Virginia amendment is sweeping, disallowing “partnership contracts” as well. What does that mean? Well, nobody really knows. It’s never been tested in a court of law. But if you were in a same sex relationship in Virginia, would you take the risk that you could lose your home if your partner dies, or lose parental rights to a child? It’s not worth the risk. I think it’s very telling that Beth Lower and Kati Towle’s lawyer told them not to have their child in Virginia. This is actually what the Virginia law states:

I’m so thankful that Kent and I live in Connecticut where it’s pretty certain that we are protected in so many of these areas.

This is the aftermath of all the amendments that have passed. And in November, I’m sure there will be more states that will follow. It will be interesting to see how it plays out and what people do. People have to make their own decisions and what they are willing to risk. Like many, I wouldn’t wait for a court ruling to find out that any legal arrangements these couples have made to try to protect their family just won’t hold up in court. I expect more people will be moving around the country to more hospitable states.

Yes, I’ve been accused of “complaining too much”. But consider this. The legislation that is being drafted and placed into state constitutions goes beyond “protecting marriage”. Many of them cut into the heart of what a contract is and who can have contracts with each other. Many of these amendments disallow partnership contracts. I assume that means two people of the same sex living together. So, before you once again accuse me of complaining too much, consider that....

...a mortgage is a contract
...co-owning a car is a contract
...a health directive is a contract
...a will is a contract
...a power of attorney is a contract

Still think I’m complaining too much? America used to stand for equal opportunity. What has happened to that?