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RESOLUTION SUPPORTING THE AMENDMENT OR REPEAL • OF VIRGINIA CODE § 20-45.3 WHEREAS, the General Assembly passed House Bill 751 in the 2004 legislative session; and WHEREAS, HB 751 prohibits civil unions, "partnership contract(s) or other arrangement(s) between persons of the same sex purporting to bestow the privileges or obligations of marriage"; and WHEREAS, the bill also voids such unions, partnership contracts or arrangements made in other states by persons now living in Virginia; and WHEREAS, Governor Mark Warner offered amendments striking references to "partnership contracts or other arrangement(s)" in order to protect the rights and interests of Virginians; and WHEREAS, the House of Delegates rejected these amendments on a 35-65 vote; and WHEREAS, HB 751 became law on July 1, 2004 as Virginia Code § 20-45.3; and WHEREAS, this law violates the basic civil and constitutional rights of citizens of the Commonwealth; and WHEREAS, Va. Code §20-45.3 could invalidate many types of contracts that gay, lesbian and • straight partners have used in Virginia to construct legal arrangements such as power of attorney, joint custody arrangements and medical directives; and WHEREAS, invalidation of such contracts and arrangements might also cause loss of domestic partner health insurance and other employee benefits provided by Virginia employers, as well as jeopardize joint business partnerships, mutual wills and co -adoption of gay and lesbian partners; and WHEREAS, Va. Code §20-45.3 takes Virginia out of the mainstream of the laws of the other 49 states of the union; and WHEREAS, the law will have negative consequences for Virginia, including loss of tourism dollars and the inability to recruit major industrial and business concerns to the Commonwealth; and WHEREAS, the passage and codification of HB 751 is a reactionary and radical step backward that entangles the Commonwealth of Virginia in needless and expensive litigation; NOW, THEREFORE, BE IT RESOLVED that the Charlottesville City Council calls upon the General Assembly and especially our area legislative delegation to amend or repeal Va. Code §20-45.3 in the 2005 session of the General Assembly. • Approved by Council November 15, 2004 t1r,1k of City Council