Virginia Constitutional Amendment 2 of 3
Repeal Same-Sex Marriage Ban
November 3, 2026 General Election Ballot
What This Amendment Is About
This amendment would remove an existing ban on same-sex marriage from the Virginia Constitution and replace it with language guaranteeing the right to marry regardless of sex, gender, or race.
Current Law
Virginia’s Constitution contains a 2006 amendment (passed by voters) stating that only a marriage between one man and one woman is valid in Virginia.
This language has been legally unenforceable since the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. However, the ban remains written in Virginia’s Constitution.
Virginia state law (passed in 2024) already recognizes same-sex marriages.
Proposed Law
The amendment would:
- Remove the existing ban on same-sex marriage from Virginia’s Constitution.
- Replace it with new language stating that Virginia shall not deny a marriage license to two adults based on their sex, gender, or race.
This would make Virginia the fifth state to remove a constitutional same-sex marriage ban through a ballot measure.
What the Ballot Question Asks
“Should the Constitution of Virginia be amended to repeal its ban on same-sex marriage and replace it with a requirement that the Commonwealth recognize marriages between two adults without regard to the sex, gender, or race of the parties?”
How Your Vote Counts
✔ YES Vote Means…
The 2006 same-sex marriage ban is removed from the Virginia Constitution.
New constitutional language explicitly requires Virginia to recognize marriages regardless of sex, gender, or race.
This protection is enshrined in the state constitution, meaning it can only be changed by another statewide vote.
✘ NO Vote Means…
No change is made to the Virginia Constitution.
The 2006 ban language remains in the constitution, even though it is currently unenforceable under federal law.
Same-sex marriage would remain legal in Virginia under the existing 2024 state law and federal precedent, but without new constitutional protection at the state level.
This site has complete information on voting in the November 3, 2026, election: Virginia Department of Elections – Upcoming Elections
This guide is non-partisan and presents facts only. It does not advocate for or against this amendment.
Prepared by the League of Women Voters of the Charlottesville Area · Virginia General Election — November 3, 2026