Commenters who argue that this proposal is unconstitutional are simply wrong.  The expansion of benefits proposed is not based on the personal relationship between the employee and the otherwise qualified adult.  The argument that the proposal is unconstitutional is refuted by an opinion issued by Governor-elect Bob McDonnell when he was Attorney General.

On June 7, 2007, Attorney General Bob McDonnell issued a formal written AG's opinion to the president of the University of Virginia that specifically approved as legal a benefits policy of the University that permits the university to extend gym benefits to another adult living in a university employee's or student's household.  McDonnell said specifically in footnote 9 of the opinion that, so long as the University did not "base its expanded membership on the personal relationship of the employee or student and the adult co-resident," the expansion of benefits would not violate the Virginia constitutional ban on recognition of unmarried relationships.  A formal opinion of the Attorney General, while not controlling precedent, is given deference by the courts and is considered definitive in most circumstances.