Virginia Remove Constitutional Same-Sex Marriage Ban Amendment (2026)

Virginia Remove Constitutional Same-Sex Marriage Ban Amendment
Election date November 3, 2026
Topic Marriage and family
Status Proposed
Type Constitutional amendment	Origin State legislature

The Virginia Remove Constitutional Same-Sex Marriage Ban Amendment may appear on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026.

This measure would amend the Virginia Constitution to remove a provision providing that marriage is only between one man and one woman, and would provide that the state will not 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.

Text of measure

Full text

The full text of the ballot measure is available here.

Support

Supporters

Officials

• State Sen. Adam Ebbin (D)
• State Sen. Scott Surovell (D)
• State Del. Mark Sickles (D)

Organizations

• Equality Virginia

Arguments

• LaTwyla Mathias, executive director at Progress Virginia: "The Marshall-Newman amendment from 2006 which denied the right of same-sex couples to marry has been a stain on Virginia’s constitution for too long. We need to erase this shameful part of our history, align our constitution with the law of the land, and at long last, affirmatively protect the right of everyone to marry the person they love. We will work hard to make sure all three of these amendments pass out of the General Assembly and are put before the voters in 2026."
• State Sen. Adam Ebbin (D-39): "Senate Democrats stand for fairness and equality, and this amendment reflects those values. By affirming the right of all Virginians to marry the person they love, regardless of gender, sex, or race, we are ensuring that every constituent in our Commonwealth is treated with dignity and respect. This is about respecting the law of the land, recognizing the realities of the 21st century, and creating a more inclusive Virginia for future generations to follow."

Opposition

Opponents

Officials

• State Del. Nick Freitas (R)
• State Del. Todd Gilbert (R)

Candidates

• John Reid (R) - Lt. Gov. Nominee

Organizations

• Heritage Action for America
• The Family Foundation

Arguments

• Lt. Gov. Nominee John Reid: "It doesn’t provide protection for people who sincerely don’t agree with gay marriage."
• The Family Foundation: "If passed, the repeal-and-replace marriage amendment would enshrine gender ideology into our state constitution, threatening girls' safety and sports, as well as basic religious liberties."

Path to the ballot

Amending the Virginia Constitution

See also: Amending the Virginia Constitution

A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Two versions of the amendment were introduced in the House and Senate: Senate Joint Resolution 249 and House Joint Resolution 9.

Senate Joint Resolution 249

The amendment was introduced as Senate Joint Resolution 249 to the State Senate on November 25, 2024. On January 21, 2025, the amendment passed the Senate by 24-15. The House passed SJR 249 on February 13, 2025, in a vote of 58-34.

Vote in the Virginia State Senate January 21, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	24	15	1
Total percent	60%	37.5%	2.5%
Democrat	21	0	0
Republican	3	15	1

Vote in the Virginia House of Delegates February 13, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	58	34	8
Total percent	58.00%	34.00%	8.00%
Democrat	51	0	0
Republican	7	34	8

House Joint Resolution 9

The amendment was introduced as House Joint Resolution 9 to the State House on January 1, 2025. On January 14, 2025, the amendment passed the House by 58-35. On January 31, 2025, the Senate agreed to the amendment by 24-15.

Vote in the Virginia House of Delegates January 14, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	58	35	7
Total percent	58%	35%	7%
Democrat	51	0	0
Republican	7	35	7

Vote in the Virginia State Senate January 31, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	24	15	1
Total percent	60.00%	37.50%	2.50%
Democrat	21	0	0
Republican	3	15	1

See also

2026 measures

• 2026 ballot measures
• Marriage and family on the ballot

Virginia

• Virginia ballot measures
• Virginia ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• SJR 294

Footnotes

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