2026 Virginia Repeal Same-Sex Marriage Ban Amendment

2026 Virginia Repeal Same-Sex Marriage Ban Amendment
November 3, 2026
Repeal Same-Sex Marriage Ban Amendment

The Repeal Same-Sex Marriage Ban Amendment is a legislatively referred constitutional amendment on the November 2026 ballot in the state of Virginia. If passed, the state's constitution would be amended to repeal its unenforceable ban on same-sex marriage, and replace the language with provisions requiring the state to recognize marriages without regard to sex, gender, or race. The amendment would make Virginia the fifth state to repeal a constitutional same-sex marriage ban, following Nevada in 2020, and California, Colorado, and Hawaii in 2024.

Background

Interracial marriage

Main articles: Anti-miscegenation laws in the United States, Loving v. Virginia, and Racial Integrity Act of 1924

Following the U.S. Supreme Court striking down Virginia's ban on interracial marriage in Loving v. Virginia in 1967, the General Assembly repealed the remainder of the Racial Integrity Act in 1975, as well as the Sterilization Act in 1979. In 2019, a Virginia law that required partners to declare their race on marriage applications was challenged in court.[1] Within a week the state's attorney-general directed that the question is to become optional,[2] and in October 2019, a U.S. District judge ruled the practice unconstitutional and barred Virginia from enforcing the requirement.[3] On March 10, 2020, SB 62 was signed into law to repeal the requirement.[4]

Same-sex marriage

In 2006, voters agreed to ban same-sex marriage and any legal status that "approximates the design, qualities, significance, or effects of marriage".[5] However, in 2015, in Bostic v. Schaefer, the United States Court of Appeals for the Fourth Circuit found the amendment to be in violation of the due process and equal protection clauses of the Fourteenth Amendment, thereby making it unenforceable.[6] In 2020, two bills (HB 1490 and SB 17) were signed into law, repealing provisions of the Code of Virginia that banned same-sex marriage and civil unions.[7] In 2024, HB 174, which affirms the right of same-sex couples to marry and allows clergy to refuse to wed couples, was signed into law.[8][9]

The push to repeal the defunct and unenforceable language in the state constitution followed Supreme Court Justice Clarence Thomas's opinion in Dobbs v. Jackson Women's Health Organization, the case overturning the constitutionally recognized right to abortion, where he argued that Obergefell v. Hodges, which found that same-sex couples have a fundamental right to marry, should be overturned.[10] It also followed Nevada in 2020 repealing its defunct ban, and California, Colorado, and Hawaii repealing their bans in 2024.[11][12]

Legislation for the amendment

In Virginia, constitutional amendments require approval in two legislative sessions before they can go before voters.[13]

163rd session

During the 163rd Virginia General Assembly, in the State Senate, SJ249 was the resolution given approval.[14]

January 21, 2025, vote in the state Senate on SJ249[15]
Political affiliation Voted for Voted against Not voting
Democratic Party 21 - -
Republican Party 3 15 1
Total 24 15 1

The bill was then sent to the State House.[14]

February 13, 2025, vote in the state House on SJR249[16]
Political affiliation Voted for Voted against Not voting
Democratic Party 51 - -
Republican Party 7 34 8
Total 58 34 8

In the state House, the resolution given approval was House Joint Resolution 9. Like the Senate's bill, HJR 9 was also approved in the other legislative house; this time, the state Senate.[17]

January 14, 2025, vote in the state House on HJR9[18]
Political affiliation Voted for Voted against Not voting
Democratic Party 51 - -
Republican Party 7 35 7
Total 58 35 7

The bill was then sent to the state Senate.[17]

January 31, 2025, vote in the state Senate on HJ9[19]
Political affiliation Voted for Voted against Not voting
Democratic Party 21 - -
Republican Party 3 15 1
Total 24 15 1

164th session

During the 164th Virginia General Assembly, Senate Joint Resolution 3 was engrossed by the state Senate by a voice vote 26–12.[20]

January 16, 2026, vote in the State Senate on SJ3
Political affiliation Voted for Voted against Not voting
Democratic Party 21 - -
Republican Party 5 12 2
Total 26 12 2
January 16, 2026, vote in the State House on SJ3
Political affiliation Voted for Voted against Not voting
Democratic Party 59 - 5
Republican Party 2 32 2
Total 61 32 7

HJR3 was passed by the state House in a 66 to 31 vote.[21]

January 14, 2026, vote in the State House on HJR3[21]
Political affiliation Voted for Voted against Not voting
Democratic Party 64 - -
Republican Party 2 31 2
Total 66 31 2
January 16, 2026, vote in the State Senate on HJR3
Political affiliation Voted for Voted against Not voting
Democratic Party 23 - -
Republican Party 3 13 1
Total 26 13 1

Legislation to enable the referendum was passed 66–32 in the House on January 29 and 24–16 in the Senate on February 2.[22]

Contents

Ballot wording

On Election Day, the following will be displayed for voters for the referendum:[23]

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Constitutional changes

If agreed to by voters, Section 15-A of Article I of the Constitution of Virginia will be amended as follows:[24]

Section 15-A. Marriage.

That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions marriage is one of the vital personal rights essential to the orderly pursuit of happiness.

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 deny the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. 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. This Commonwealth and its political subdivisions shall recognize any lawful marriage between two adult persons and treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.

Endorsements

Yes
State legislators
Organizations
No
Organizations

Results

Repeal of Same-Sex Marriage Ban Amendment results
Choice Votes %
Result not yet known
Total votes — 100.00

See also

References

  1. ^ "Couples were asked to tell their race for a Virginia marriage license. Now they're suing". NBC News. September 7, 2019. Archived from the original on September 16, 2019. Retrieved September 10, 2019.
  2. ^ "Virginia removes requirement to declare race on marriage forms". BBC News. September 15, 2019. Archived from the original on June 3, 2020. Retrieved July 23, 2020.
  3. ^ "Law Student Helps Change Virginia Marriage License". November 20, 2019. Archived from the original on July 23, 2020. Retrieved July 23, 2020.
  4. ^ "[S 62]". Virginia LIS. Retrieved January 25, 2026.
  5. ^ "2006 - Statewide - Question 1". Virginia Department of Elections. Retrieved January 15, 2026.
  6. ^ Snow, Justin (February 13, 2014). "Federal court rules Virginia same-sex marriage ban unconstitutional". Metro Weekly. Archived from the original on February 22, 2014. Retrieved January 15, 2026.
  7. ^ Virginia ban on same-sex marriage, civil unions repealed
  8. ^ "LIS > Bill Tracking > HB174 > 2024 session". legacylis.virginia.gov. Retrieved January 21, 2026.
  9. ^ "Virginia is for all lovers: Youngkin signs bill protecting marriage equality". The Commonwealth Times. March 20, 2024. Retrieved January 21, 2026.
  10. ^ Forget, Quint; Gerstein, Josh (June 24, 2022). "Justice Thomas: SCOTUS 'should reconsider' contraception, same-sex marriage rulings". Politico. Retrieved January 15, 2026.
  11. ^ Wolfkot, Kathrina Szymborski; Munroe, Morgan (October 21, 2024). "Voters in California, Colorado, and Hawaii Signal Support for Marriage Equality". State Court Report. Retrieved January 15, 2026.
  12. ^ "Nevada Question 2, Marriage Regardless of Gender Amendment (2020)". Ballotpedia. Retrieved January 15, 2026.
  13. ^ Khalil, Jahd (January 14, 2026). "Virginia House committee advances 4 proposed constitutional amendments". VPM. Retrieved January 15, 2026.
  14. ^ a b "SJ249 Constitutional amendment; marriage between two adult persons". Virginia LIS. Retrieved January 15, 2026.
  15. ^ "SJ249 - Ebbin" (PDF). January 21, 2025. Retrieved January 15, 2026.
  16. ^ "SJ249 Constitutional amendment; marriage between two adult persons". Virginia LIS. Retrieved January 15, 2026.
  17. ^ a b "HJ9 Constitutional amendment; marriage between two adult persons". Virginia LIS. Retrieved January 15, 2026.
  18. ^ "HJ9 Constitutional amendment; marriage between two adult persons". Virginia LIS. Retrieved January 15, 2026.
  19. ^ "HJ9 - Sickles" (PDF). January 31, 2025. Retrieved January 15, 2026.
  20. ^ "SJ3 Constitutional amendment; marriage between two adult persons". Virginia LIS. Retrieved January 16, 2026.
  21. ^ a b "HJ3 Constitutional amendment (second reference); marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry". Virginia LIS. Retrieved January 16, 2026.
  22. ^ "HB612 - 2026 Regular Session". Virginia State Legislative Information System. February 5, 2026.
  23. ^ "Spanberger signs bill that paves way for marriage amendment repeal referendum". Washington Blade. February 6, 2026. Retrieved February 7, 2026.
  24. ^ "CHAPTER 602 HOUSE JOINT RESOLUTION NO. 9" (PDF). Retrieved January 15, 2026.
  25. ^ Woods, Charlotte Rene (January 15, 2025). "Historic push for constitutional protections in Virginia gains momentum • Virginia Mercury". Virginia Mercury. Retrieved January 19, 2026.
  26. ^ Kutner, Brad (December 8, 2025). "Candidates in Virginia Senate special election target redistricting, constitutional amendments and affordability". WVTF. Retrieved January 19, 2026.
  27. ^ Barclay, Mel Leonor (September 9, 2025). "A push to ditch Virginia's same-sex marriage ban hinges on this year's elections". The 19th. Retrieved January 19, 2026.
  28. ^ "Protect Virginia's Constitution". Heritage Action. Retrieved January 19, 2026.
  29. ^ "Protect Marriage in Virginia". The Family Foundation. Retrieved January 19, 2026.
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