In November 2026, Virginia voters will decide on a state-level constitutional amendment that, if passed, will repeal the state's defunct ban on same-sex marriage, and replace the language with provisions requiring the state to recognize marriages without regard to sex, gender, or race.
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Supreme Court striking down Virginia's ban on interracial marriage in Loving v. Virginia in 1967, the General Assembly repealed the remainder of the Racial Integrity Act in 1975, as well as the Sterilization Act in 1979.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]
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]
The push to repeal the defunct and unenforceable language 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. [7] It also followed Nevada in 2020 repealing their defunct ban, and California, Colorado, and Hawaii repealing their bans in 2024. [8] [9]
In Virginia, constitutional amendments require approval in two legislative sessions before they can go before voters. [10]
During the 163rd Virginia General Assembly, in the State Senate, SJ249 was the resolution given approval. [11]
| 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. [11]
| 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. [14]
| 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. [14]
| Political affiliation | Voted for | Voted against | Not voting |
|---|---|---|---|
| Democratic Party | 21 | - | - |
| Republican Party | 3 | 15 | 1 |
| Total | 24 | 15 | 1 |
During the 164th Virginia General Assembly, SJ3 was engrossed by the state Senate by a voice vote, [17] and HJ3 was passed by the state House in a 67 to 31 vote. [18]
If agreed to by voters, Section 15-A of Article I of the Constitution of Virginia will be amended as follows: [19]
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 subdivisionsmarriage is one of the vital personal rights essential to the orderly pursuit of happiness. This Commonwealth and its political subdivisions shall notcreate or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriagedeny 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.