The Marshall-Newman Amendment also referred to as the Virginia Marriage Amendment is an amendment

Constitutional amendment

A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

 to the Constitution of Virginia

Constitution of Virginia

The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...

 that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage". The amendment was ratified by 57% of the voters on November 7, 2006.

The text of the amendment states:

Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. 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. 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.

Criticism

The far-reaching nature of the Marshall-Newman Amendment intended to reinforce its Marriage Affirmation Act has attracted criticism. Writing in The Washington Post

The Washington Post

The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...

, Jonathan Rauch

Jonathan Rauch

Jonathan Charles Rauch is an American author, journalist and activist. After graduating from Yale University, Rauch worked at the Winston-Salem Journal in North Carolina, for the National Journal magazine, and later for The Economist magazine and as a freelance writer.Currently a senior writer and...

 argued that:

Virginia appears to abridge gay individuals' right to enter into private contracts with each other. On its face, the law could interfere with wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts. If a gay Californian was hit by a bus in Arlington, her medical power of attorney might be worthless there.

The Virginia Attorney General has issued an opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or Advanced Medical Directives between unmarried people.

While experts are divided on the exact impetus for the amendment, political commentators have suggested that it was placed on the ballot following confidential polling indicating that incumbent senator George Allen

George Allen (U.S. politician)

George Felix Allen is a former United States Senator from the Commonwealth of Virginia, and the son of former NFL head coach George Allen. Allen served Virginia in the state legislature, as the 67th Governor, and in both bodies of the U.S. Congress, winning election to the Senate in 2000...

 might not be successful in his bid to win re-election. Republican strategists may have hoped that the Marshall-Newman Amendment would turn out the socially conservative voter to not only pass a ban on gay marriage, but also re-elect Allen. Although the Marshall-Newman Amendment did pass, Allen's campaign self-destructed, following the so-called macaca controversy.