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Bob and Bob have been married for 12 years. They’re ready for their state constitution to change.

September 14, 2026

Virginia voters will decide in November whether to remove the state's constitutional ban on same-sex marriage, which has been unenforceable since a 2014 federal court ruling but remains in the state constitution since its 2006 adoption. The proposed amendment would not only repeal the ban but also establish an affirmative right to marriage between consenting adults regardless of sex, gender, or race, after receiving approval from the Democratic-controlled legislature with minimal Republican support. Marriage equality advocates are optimistic about the measure's passage, though conservative groups like the Family Foundation are campaigning against it by linking the proposal to transgender rights and other contentious issues.

Who is affected

  • Same-sex couples in Virginia, including Bob Witeck and Bob Connelly, Narissa and Breanna Rahaman, and Sidrah Marotti and Wynn Maravilla
  • LGBTQ+ residents and advocates in Virginia
  • Former state Del. Mark Sickles (now Virginia's finance secretary), who is openly gay
  • Equality Virginia and Virginians for Marriage Equality organizations
  • Conservative groups like the Family Foundation opposing the measure
  • Former Lt. Gov. Winsome Earle-Sears campaigning against the amendment
  • Virginia voters who will decide the measure
  • Same-sex couples in 24 states where similar unenforceable bans remain on the books

What action is being taken

  • Virginia voters will decide on a proposed constitutional amendment in November to repeal the same-sex marriage ban
  • Former Lt. Gov. Winsome Earle-Sears is conducting a "Life and Marriage Tour" through November 1, holding stops at religious gatherings and Republican events
  • The Family Foundation is leading a campaign against the proposal
  • Equality Virginia and Virginians for Marriage Equality are working to get out the vote for the amendment
  • Early voting in Virginia starts Friday (as of the article's publication date)

Why it matters

  • This vote matters because Virginia's constitutional ban on same-sex marriage, though unenforceable since 2014, represents a symbolic and legal vulnerability for LGBTQ+ couples in the state. Following the Supreme Court's Dobbs decision overturning federal abortion rights, there are legitimate concerns that the conservative-majority Supreme Court could overturn Obergefell v. Hodges, with Justice Clarence Thomas explicitly suggesting the court should reconsider that ruling. If Obergefell were overturned, Virginia's constitutional ban could potentially become enforceable again unless it is formally removed. The measure also represents a significant political and social shift, as the same state where 57 percent of voters approved the ban in 2006 may now vote to repeal it, reflecting changing attitudes toward marriage equality. Additionally, Virginia would join a growing movement of states proactively protecting marriage rights, with similar "zombie laws" remaining in 24 states nationwide.

What's next

  • Election Day is November 3 (as stated in the article)
  • Early voting starts Friday (relative to the article's publication)
  • Former Lt. Gov. Winsome Earle-Sears plans to continue her "Life and Marriage Tour" through November 1
  • If voters approve the amendment, Virginia's constitutional ban on same-sex marriage will be removed and replaced with an affirmative right to marriage
  • Former state Del. Mark Sickles expects to celebrate at a party if the measure passes

Read full article from source: The 19th