Question 2: MarriageRemove the same-sex marriage ban from the state constitution
Read the full text of the measure: Department of Elections proposed amendments brochure (PDF)
In plain words
Virginia's constitution still says only a marriage between one man and one woman is valid here, and bans civil unions with the same effect. That ban can't be enforced today because of a 2015 U.S. Supreme Court ruling (Obergefell v. Hodges), but it would come back into force if that ruling were overturned. This amendment removes the ban. In its place, it says marriage is a vital personal right, bars the state from refusing a marriage license to two adults because of their sex, gender or race, and requires the state to treat all lawful marriages of two adults equally. (elections.virginia.gov (Department of Elections) )
Before and after
| Question | Today | If it passes |
|---|---|---|
| What the constitution says about marriage | Only a union of one man and one woman is valid; similar legal statuses for unmarried couples are banned. | Marriage is "one of the vital personal rights essential to the orderly pursuit of happiness." |
| Can same-sex couples marry in Virginia? | Yes, because of the 2015 Obergefell ruling; the state ban can't be enforced. | Yes, under the state constitution itself. |
| If the U.S. Supreme Court overturned Obergefell | The state ban would be enforceable again. | The state constitution would still protect these marriages. |
| Marriage licenses | Set by law and the Obergefell ruling. | The state can't deny a license to two adults because of their sex, gender or race. |
Numbers from the official ballot title (ballot title ); also see (elections.virginia.gov (Department of Elections) )
Biggest change
- Deletes the words saying only a union of one man and one woman may be a valid marriage, and the ban on civil unions or other legal statuses like marriage. source: elections.virginia.gov (Department of Elections)
- Bars the state and local governments from denying a marriage license to two adults on the basis of sex, gender or race. source: elections.virginia.gov (Department of Elections)
- Requires the state and local governments to recognize any lawful marriage between two adults and treat such marriages equally under the law. source: elections.virginia.gov (Department of Elections)
Who it affects most: Same-sex couples who are married or want to marry in Virginia.
Cost to the state: Unknown. No cost estimate was published with the amendment.
Our plain-words summary. Every line points to its source.
What your vote means
The same-sex marriage ban comes out of the state constitution, and the state must treat all lawful marriages of two adults equally.
The same-sex marriage ban stays in the state constitution; it stays unenforceable unless the U.S. Supreme Court overturns its 2015 ruling.
Our one-line summary. Virginia does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.
- The official explanation says the ban on same-sex marriage in Virginia's constitution is no longer enforceable because of the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, but it remains in the constitution and would be enforceable again if the Court overturned that decision. source: elections.virginia.gov (Department of Elections)
- The ban was added to the constitution in 2006 (the Marshall-Newman amendment). The General Assembly first passed this repeal in 2025 (SJR 249: Senate 24-15, House 58-34). source: ballotpedia.org
- The General Assembly passed it a second time in January 2026: House 67-31 (64 Democrats and 3 Republicans for), Senate 26-13 (21 Democrats and 5 Republicans for). source: news.ballotpedia.org
- In Virginia a constitutional amendment must pass the General Assembly twice, with a House of Delegates election in between, and then go to the voters. source: law.lis.virginia.gov
Why supporters want it
- Sen. Adam Ebbin (D): "Senate Democrats stand for fairness and equality, and this amendment reflects those values." source: ballotpedia.org
- LaTwyla Mathias of Progress Virginia said the 2006 amendment "has been a stain on Virginia's constitution for too long." source: ballotpedia.org
Why opponents object
- The Family Foundation said the amendment "would enshrine gender ideology into our state constitution," which it argues would threaten girls' safety and sports and religious liberty. source: ballotpedia.org
- John Reid, the 2025 Republican nominee for lieutenant governor: "It doesn't provide protection for people who sincerely don't agree with gay marriage." source: ballotpedia.org
Who backs each side
- For: Virginians for Marriage Equality, a registered referendum committee whose largest support is in-kind contributions from the ACLU of Virginia (as of July 2026). source: vpm.org
- Against: Virginians Against 3, registered by the Family Foundation; its filings list "Opposing the marriage amendment" as its scope (as of July 2026). source: vpm.org
- Ballotpedia also lists Equality Virginia as a supporter, and Heritage Action for America and The Family Foundation as opponents. source: ballotpedia.org
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the Department of Elections' official brochure of proposed constitutional amendments .
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?
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?
Yes
No
Copied word for word from the Department of Elections' official brochure of proposed constitutional amendments for Nov. 3, 2026.
Latest news
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Full text of the measure
The full text rewrites Section 15-A of Article I (the Bill of Rights). The brochure shows the old words struck out and the new words underlined. Read it in the Department of Elections proposed amendments brochure (PDF) .
Read more
- Department of Elections: proposed constitutional amendments brochure (PDF)
- Department of Elections: official brochure with the ballot question, explanation and full text
- Ballotpedia: Question 2
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