Virginia Lawmakers Move to Repeal Same-Sex Marriage Ban from State Constitution

The Virginia General Assembly has taken the next step in a multi-year effort to remove outdated language banning same-sex marriage from the state constitution. On January 14, lawmakers reintroduced House Joint Resolution 3 (HJ3), a proposed constitutional amendment that would both repeal the 2006 ban and establish an affirmative right to marry for any two adult persons, regardless of sex, gender, or race.

The measure is sponsored by Delegate Mark Sickles (D-Fairfax) and backed by more than 50 patrons in the House and Senate, including members of the Democratic caucus and several LGBTQ+ legislators.

Although Virginia’s constitutional ban has been unenforceable since 2015, when the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage is a fundamental right, the original text remains part of the state’s governing document.

Under the proposed amendment, Virginia would replace that language with a statement affirming that the Commonwealth and its political subdivisions “shall 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.” It also requires that all lawful marriages be recognized and treated equally under Virginia law.

Supporters say the measure is necessary in light of recent judicial shifts. In 2022, after the U.S. Supreme Court overturned federal protections for abortion in Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas wrote a concurring opinion suggesting the Court should reconsider prior rulings, including Obergefell. That suggestion prompted concerns among civil rights advocates and lawmakers that same-sex marriage could be vulnerable to future legal challenges.

While there was no floor debate on HJ3 at the time of its introduction this session, public discussions and committee records from the 2025 session — when the resolution first passed — show consistent support among Democratic lawmakers for formally removing the ban and ensuring equal marriage rights are secured in Virginia law.

Opponents argue that the amendment is unnecessary given current federal protections and express concerns about altering the Constitution for an issue already settled in the courts.

As a second reference amendment, HJ3 must pass the House and Senate again in the 2026 session, having already passed both chambers in 2025. If approved, the measure will go to Virginia voters in the November 2026 general election.

The original amendment banning same-sex marriage passed in 2006 with 57% of the vote, according to official results from the Virginia State Board of Elections. But public opinion has shifted significantly since then. A 2025 University of Mary Washington poll found that 72% of Virginians now support same-sex marriage, compared to just 22% who oppose it.

If voters approve the repeal, Virginia would join a growing number of states updating their constitutions to reflect legal and cultural changes since the Obergefell ruling, formally affirming marriage equality for all couples.