Question 2: Repeal Ban on Same-Sex Marriage and Affirm Marriage Equality
Statewide — all of Virginia
General election · Tuesday, November 3, 2026
- Legislatively referred constitutional amendment (House Joint Resolution 3). Ballotpedia News reports the January 2026 second passage was 67-31 in the House (three Republicans voting yes) and 26-13 in the Senate (five Republicans voting yes).[1]
The question on the ballot
Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?[6][7]
From the Department of Elections' Explanation for Voters: Virginia's Constitution currently prohibits marriages, civil unions and other legal relationships with the same rights and effects of marriage between persons of the same sex or gender. That prohibition is no longer enforceable because of the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, but it remains in the state Constitution and would be enforceable again if the Supreme Court overturned that decision. The proposed amendment removes the prohibition from the Bill of Rights and replaces it with the fundamental right to marry, requiring the state to recognize and treat equally under the law any lawful marriage between two adult persons regardless of the sex, gender or race of either person, and prohibiting the state from denying a marriage license to two adult persons because of their sex, gender or race. The explanation does not state a fiscal impact.[6]
A YES vote means
Removes the Constitution's prohibition on same-sex marriages and replaces it with a right to marry: the state must recognize and treat equally any lawful marriage between two adults regardless of sex, gender or race, and may not deny a marriage license on those bases.
A NO vote means
Leaves the Constitution unchanged: the prohibition on marriages between persons of the same sex or gender stays in the text (it is currently unenforceable under Obergefell v. Hodges but would be enforceable again if that decision were overturned).
The law today
Department of Elections 'Present Law': marriages, civil unions and other legal relationships with the same rights, benefits and effects of marriage between persons of the same sex or gender are prohibited under Virginia's Constitution. The prohibition is no longer enforceable as a result of the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, but it remains in the Constitution and would be enforceable again if the Supreme Court overturned that decision.[6]
Arguments made for
- Narissa Rahaman, executive director of Equality Virginia, said at an October 17, 2026 rally: "For more than a decade after the 2015 Supreme Court decision Obergefell v. Hodges, same-sex couples across this commonwealth have gotten married, raised kids, bought homes, started businesses and built lives together. But federal protections making those lives possible can shift with political winds."[2]
- The ACLU of Virginia said in a January 16, 2026 statement by Executive Director Mary Bauer: "This year, Virginians will finally have the chance to make sure that who we marry, what private decisions we make about our reproductive health, and whether we have a say in our democracy doesn’t depend on who’s in office."[3]
Arguments made against
- The Family Foundation's campaign page says: "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."[4]
- Connie Crittenden, described by the Rockbridge Report as a representative of the local Republican party, said: "They’re using this opportunity to inject, enshrine in the constitution, the concept of gender, which is transgender ideology." The report also notes she said same-sex marriage is already legal in Virginia following Supreme Court rulings.[5]
On record in support
- Virginians for Marriage Equality (registered referendum committee, 'Vote Yes'; VPM reports its largest support is in-kind contributions from the ACLU of Virginia).[8]
- Equality Virginia (executive director Narissa Rahaman, at an October 17, 2026 rally).[2]
- ACLU of Virginia (statement supporting the amendments, January 16, 2026).[3]
On record in opposition
Research notes & limits
Official ballot question and Explanation for Voters from the Virginia Department of Elections brochure, cross-checked against the Department's certified list. LIS resolution text and roll calls could not be loaded; vote counts are from Ballotpedia News (reference). Virginia publishes no official argument pamphlet; arguments are campaign/advocate statements, two per side. The ACLU of Virginia statement addresses all three amendments together; the single sentence quoted is contiguous in the release.
Sources · 8
Researched 2026-10-19. Green citations are official government records.
- 1.Virginia General Assembly places constitutional amendments on same-sex marriage, abortion, voting rights following criminal convictions on the Nov. 2026 ballot · Ballotpedia News · 2026-01-21 Reference
- 2.Richmond No Kings protest turns out hundreds ahead of midterm election · Virginia Mercury · 2026-10-17 News report
- 3.Virginians will get to vote directly on whether to enshrine critical civil rights and civil liberties in our state constitution · ACLU of Virginia · 2026-01-16 Candidate's own words
- 4.Virginia Question 2 (2026): The Marriage Amendment · The Family Foundation Candidate's own words
- 5.Voters set to decide on three state constitutional amendments in Virginia · Rockbridge Report (Washington and Lee University) · 2026-10-15 News report
- 6.Proposed Constitutional Amendments to be voted on at the November 3, 2026 election (full text and Explanation for Voters) · Virginia Department of Elections Official record
- 7.November 2026 Proposed Constitutional Amendments and Local Referenda · Virginia Department of Elections Official record
- 8.Committees Prepare Campaign for Constitutional Amendments · VPM News · 2026-07-27 News report