Know your vote. Take a look at your sample ballot now!

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

From Ballotpedia
Revision as of 15:18, 27 January 2026 by Alexis Thacker (contribs) (→‎Measures to repeal same-sex marriage bans)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search
Virginia Remove Constitutional Same-Sex Marriage Ban Amendment

Flag of Virginia.png

Election date

November 3, 2026

Topic
Constitutional rights and Family-related policy
Status

On the ballot

Type
Legislatively referred constitutional amendment 		Origin

State legislature


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

A "yes" vote supports amending the state constitution to:

  • remove a provision that states marriage is between one man and one woman;
  • add a provision stating that "marriage is one of the vital personal rights essential to the orderly pursuit of happiness;" and
  • prohibit the state from denying a marriage license to two adults based on their sex, gender, or race.

A "no" vote opposes amending the state constitution, thus maintaining that marriage is defined only as a union between one man and one woman. 


Overview

What would this constitutional amendment do?

See also: Text of measure

The amendment would amend the Virginia Constitution to remove a provision providing that marriage is only between one man and one woman.[1] The amendment would add a provision to the state constitution stating that "marriage is one of the vital personal rights essential to the orderly pursuit of happiness.

The amendment would also provide that the state can 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.[1] It would provide that the government can not treat a legal marriage differently under the law based on the sex, gender, or race of the spouses. The amendment would require the government to recognize the lawfulness of marriages regardless of the sex, gender, or race of the spouses.

Text of measure

Constitutional changes

See also: Article I, Virginia Constitution

The ballot measure would amend Section 15-A of Article I of the Virginia Constitution. The following underlined language would be added and struck-through language would be deleted:[1]

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.[2]

Full text

The full text of the measure can be read here.

Support

Supporters

Officials

Organizations

  • American Association of University Women
  • 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

Candidates

Former Officials

Organizations

  • Heritage Action for America
  • The Family Foundation of Virginia
  • Virginia Catholic Conference

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."


Background

Virginia ban on same-sex marriage

See also: Virginia Question 1, Definition of Marriage Amendment (2006)

In 2006, Virginia voters decided a constitutional amendment that established the definition of marriage in the state as "the union of one man and one woman." Voters approved the amendment, with 57.1% voting yes.

The amendment was struck down as unconstitutional by U.S. District Judge Arenda L. Wright Allen on February 13, 2014.[3] The US Court of Appeals for the Fourth Circuit became the second federal court to make a ruling about same-sex marriage on July 28, 2014.[4]

On June 26, 2015, in the case Obergefell v. Hodges, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution. The ruling overturned bans on same-sex marriage.[5]

Same-sex marriage ballot measures in the United States

See also: History of same-sex marriage ballot measures

Between 1994 and 2012, 30 states decided 34 measures to define marriage as between a man and a woman or prohibit same-sex marriage. Of these 34 measures, 31 were approved and three were defeated. Later, between 2020 and 2024, four states voted to repeal previously approved measures banning same-sex marriage.



Timeline

The following graph shows the number of ballot measures related to same-sex marriage since 1994:

Measures to repeal same-sex marriage bans

Beginning in 2020, four states have approved ballot measures to repeal a same-sex marriage ban in their state constitutions. Additionally, constitutional amendments have been proposed for the 2026 ballot in Vermont, Oregon, and Missouri that would repeal a same-sex marriage ban.

Constitutional amendments to repeal same-sex marriage bans
StateYearMeasureYesNoOutcome
California2024Proposition 3: Right to Marry and Repeal Proposition 8 Amendment62.62%37.38%
Approveda
Colorado2024Amendment J: Remove Constitutional Same-Sex Marriage Ban Amendment64.33%35.67%
Approveda
Hawaii2024Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment55.94%44.06%
Approveda
Nevada2020Question 2: Marriage Regardless of Gender Amendment62.43%37.57%
Approveda

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.

Versions of the amendment in the 2024-2025 legislative session

Two versions of the amendment were introduced during the 2024-2025 legislative session in the state 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.[6]


Virginia State Senate
Voted on January 21, 2025
Votes Required to Pass: 21
YesNoNV
Total24151
Total %60.0%37.5%2.5%
Democratic (D)2100
Republican (R)3151
Virginia House of Delegates
Voted on October 13, 2025
Votes Required to Pass: 51
YesNoNV
Total58348
Total %58.0%34.0%8.0%
Democratic (D)5100
Republican (R)7348


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.[7]


Virginia House of Delegates
Voted on January 14, 2025
Votes Required to Pass: 51
YesNoNV
Total58357
Total %58.0%35.0%7.0%
Democratic (D)5100
Republican (R)7357
Virginia State Senate
Voted on January 31, 2025
Votes Required to Pass: 21
YesNoNV
Total24151
Total %60.0%37.5%2.5%
Democratic (D)2100
Republican (R)3151

Virginia House of Delegates elections, 2025

See also: Virginia House of Delegates elections, 2025

Democrats expanded their majority in the Virginia House of Delegates on November 4, 2025, gaining 13 seats. Twelve Republican incumbents lost in Virginia, tying 2017 for the most incumbents defeated since 2011. Heading into the 2025 elections, Democrats had a 51-49 majority in the House.

House Joint Resolution 3 (2026)

Below is a timeline of the bill in the state legislature:[8]

  • November 17, 2025: State Del. Mark Sickles (D-17) introduced House Joint Resolution 3 (HJR 3) to the state legislature in a prefile document.
  • January 14, 2026: The House Privileges and Elections Committee voted 'yes' on the amendment in a vote of 16-6. The state House approved HJR 3 in a vote of 67-31, with two members absent or not voting. Three Republicans and 64 Democrats voted yes, and 31 Republicans voted no; two Republicans were absent. Additionally, the Senate Privileges and Elections Committee voted 'yes' on the amendment in a vote of 10-3.
  • January 16, 2026: The state Senate approved HJR 3 in a vote of 26-13. Five Republicans and 21 Democrats voted yes, 13 Republicans voted no, and one Republican did not vote.


Partisan Direction Index = -84.6% (Democratic)
Democratic Support
100.0%
Republican Support
15.4%
How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →
Virginia House of Delegates
Voted on January 14, 2026
Votes Required to Pass: 51
YesNoNV
Total67312
Total %67.0%31.0%2.0%
Democratic (D)6400
Republican (R)3312
Virginia State Senate
Voted on January 16, 2026
Votes Required to Pass: 21
YesNoNV
Total26131
Total %65.0%32.5%2.5%
Democratic (D)2100
Republican (R)5131

How to cast a vote

See also: Voting in Virginia

See below to learn more about current voter registration rules, identification requirements, and poll times in Virginia.

How to vote in Virginia


See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Virginia.

Virginia ballot measures

Explore Virginia's ballot measure history, including constitutional amendments.

Legislative process

Understand how measures are placed on the ballot and the rules that apply.


External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Virginia General Assembly, "House Joint Resolution 3," accessed January 15, 2026
  2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  3. ↑ Los Angeles Times, "Virginia's gay marriage ban struck down by federal judge," February 13, 2014
  4. ↑ USA Today, "Appeals panel strikes down Virginia gay marriage ban," July 28, 2014
  5. ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
  6. ↑ Virginia Legislative Information Center, "SJ249," accessed January 22, 2025
  7. ↑ Virginia Legislative Information Center, "HJR 9," accessed January 22, 2025
  8. ↑ Virginia State Legislative Information System, "Overview of HJ3," accessed January 15, 2026
  9. ↑ Virginia Department of Elections, "Election and Voter FAQ," accessed December 23, 2025
  10. ↑ 10.0 10.1 10.2 10.3 Virginia Department of Elections, "How to Register," accessed December 23, 2025
  11. ↑ 11.0 11.1 Virginia Department of Elections, "Same-Day Voter Registration," accessed December 23, 2025
  12. ↑ Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
  13. ↑ Virginia Department of Elections, "Virginia Voter Registration Application," accessed December 23, 2025
  14. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  15. ↑ Virginia Department of Elections, "Voting on Election Day," accessed December 23, 2025
Flag of Virginia
v • e
State of Virginia
Richmond (capital)
Elections

What's on my ballot? | Elections in 2026 | How to vote | How to run for office | Ballot measures

Government

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy


Retrieved from "https://ballotpedia.org/wiki/index.php?title=Virginia_Remove_Constitutional_Same-Sex_Marriage_Ban_Amendment_(2026)&oldid=11037013"