Jason S. Miyares
Attorney General of Virginia

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2014 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.


Opinion #



14-012 Honorable Terry G. Kilgore, Member, House of Delegates Guidance regarding the nature and treatment, including local taxation, of geothermal resources under Virginia law. 
14-022 Colonel W.S. Flaherty, Superintendent, Department of State Police Guidance regarding the proper procedural steps a law enforcement officer must follow to obtain a blood sample pursuant to the implied consent law where the suspect has been transported to a medical facility for treatment.

Honorable John T. Frey, Clerk of Court, Fairfax County Circuit Court

The decision in Bostic v. Rainey requires clerks of court to interpret the term "husband and wife” as used in § 58.1-810.3 to include spouses of the same sex.  Accordingly, a deed to which the only parties are married individuals, regardless of whether such individuals are of the same or opposite sex, is exempt from the Virginia Recordation Tax pursuant to § 58.1-810.3.
14-068 Walter C. Erwin, III, Esquire, City Attorney, City of Lynchburg An institution of higher education within a city may not allow its employees to operate utility vehicles on public highways within the institution's property limits unless the city has designated and posted the highways for such use following an appropriate review.
14-064 Honorable Richard L. Morris, Member, House of Delegates Under the facts presented, an absolute prohibition on political booths at a county fair is not constitutionally permissible and charging a higher fee for such booths than others is presumptively unconstitutional unless justified by a compelling governmental interest, and unless it is narrowly drawn to meet that interest.

Honorable Mark D. Obenshain, Member, Senate of Virginia

The State Board of Elections possesses the regulatory authority to define the term "valid” as used in § 24.2-643(B) of the Code of Virginia.
14-073 Honorable Robert G. Marshall, Member, House of Delegates Virginia's laws voiding bigamous marriages and criminalizing bigamy are constitutional; the Fourth Circuit's decision in Bostic v. Schaefer does not invalidate §§ 18.2-362, 18.2-363, 20-38.1, 20-40, and 20-45.1 of the Code of Virginia, which prohibit bigamy by all persons, regardless of sexual orientation or gender identity.  Also, bisexual and transgender Virginians, like all Virginians, have the right to marry the person they choose, so long as the marriage is otherwise lawful.