Virginia voters will decide this November whether to remove a same-sex marriage ban that has remained in the state’s constitution for nearly two decades, despite marriage equality being legal nationwide since 2015.
The proposed constitutional amendment, which was approved by the General Assembly and signed by Gov. Abigail Spanberger earlier this year, will appear on the Nov. 3, 2026, ballot as a statewide referendum.
If approved, the amendment would remove language added to the Virginia Constitution in 2006 that bans same-sex marriage and replace it with language affirming that two adults may marry regardless of sex, gender or race. It would also require all legally valid marriages to be treated equally under the law.
Supporters launched the Virginians for Marriage Equality campaign this week, saying the measure is needed to protect marriage rights in Virginia even though same-sex marriage is currently legal under federal law.
The current constitutional provision, known as the Marshall-Newman Amendment, was approved by 57% of Virginia voters in November 2006 and took effect Jan. 1, 2007. It states 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.”
The amendment goes further, prohibiting Virginia and local governments from creating or recognizing legal relationships that “approximate the design, qualities, significance, or effects of marriage” and bars recognition of any other union, partnership or legal status carrying the rights, benefits or obligations of marriage.
The provision became unenforceable in 2014 after federal courts struck down Virginia’s marriage ban. A year later, the U.S. Supreme Court’s ruling in Obergefell v. Hodges legalized same-sex marriage nationwide.
However, advocates note the language remains in Virginia’s constitution.
“Our concern is that if the Supreme Court were to go back and revisit Obergefell v. Hodges, which was the landmark decision that granted marriage equality nationwide, that if they were to go back and weaken that, overturn it, that Virginia’s ban in our constitution would immediately go into effect,” said Narissa Rahaman, executive director of Equality Virginia and a member of the Virginians for Marriage Equality campaign committee.
The campaign formally launched in Richmond with elected officials, faith leaders, advocates and families from across Virginia. Organizers say they plan to spend the next several months encouraging conversations with voters ahead of Election Day.
“We believe that this is really a campaign about our shared values as Virginians and those values are freedom and fairness,” Rahaman said.
The amendment would ask voters whether the Virginia Constitution should be changed to remove the same-sex marriage ban, affirm that two adults may marry regardless of sex, gender or race, and require all lawful marriages to be treated equally under state law.
For many supporters, the issue is personal.
Rahaman, who has been married to her wife for three years, said marriage provides both legal protections and a public recognition of commitment.
“It was so amazing to be surrounded by our friends and families and the people closest to us and share that just momentous occasion of committing to each other and making a promise to take care of each other,” she said.
Roanoke Mayor Joe Cobb, who has been with his husband James for 25 years and married since 2017, said he remembers the disappointment many LGBTQ+ Virginians felt when voters approved the constitutional ban in 2006.
“Here we are 20 years later on the cusp of having that dreadful amendment removed from the Constitution. And I couldn’t be more excited about the progress we’ve made,” Cobb said.
He argued that language prohibiting same-sex marriage no longer belongs in Virginia’s governing document.
“Anytime you have language in a constitution that is prohibitive when the greater law is not, it needs to be removed,” Cobb said.
Supporters say the campaign is focused on protecting families and ensuring future generations retain the freedom to marry.
“So let’s stop trying to limit what love can do and let’s start trying to celebrate the magnitude of what love is capable of,” Cobb said.
Virginia voters will decide the amendment during the Nov. 3 general election. If approved, it would permanently remove the same-sex marriage ban from the Virginia Constitution and replace it with explicit protections for marriage equality.