A push to ditch Virginia’s same-sex marriage ban hinges on this year’s elections

September 9, 2025

Virginia's Constitution currently contains a 2006 ban on same-sex marriages that advocates have been working to repeal, an effort that has gained urgency following the Supreme Court's overturning of federal abortion rights. A proposed constitutional amendment that would protect the right to marry regardless of sex, gender or race needs one more legislative approval in January 2026 before reaching voters as a ballot measure. The amendment's fate hinges on the November 2024 legislative elections, with Democrats supporting the measure while Republicans have largely opposed it.

Who is affected

Same-sex couples in Virginia who wish to marry
LGBTQ+ Virginians whose marriage rights could be at risk
Religious organizations and clergy who are protected in the amendment from being required to perform marriages
Virginia voters who would decide on the amendment if it reaches the ballot in 2026
Current legally married same-sex couples in Virginia whose status could be jeopardized if Obergefell is overturned

What action is being taken

Advocates are working to repeal Virginia's constitutional ban on same-sex marriage through the state's amendment process
The Virginia legislature is considering a constitutional amendment that would protect marriage rights regardless of sex, gender, or race
Democratic legislators are campaigning to maintain control of the state legislature to ensure the amendment passes its second required vote
Equality Virginia and other advocacy groups are organizing support for the amendment
A law has been passed prohibiting officials from denying marriage licenses based on sex, gender, or race

Why it matters

Virginia's constitutional ban would automatically take effect if the Supreme Court overturns Obergefell v. Hodges
The amendment process requires approval in two legislative sessions with an election in between, making the 2024 elections crucial
The proposed amendment would create affirmative protection for marriage rights in state law
The measure includes protections for religious liberty while ensuring equal marriage rights
Support for same-sex marriage among Republicans has declined by 14 points since 2022, creating the largest partisan gap in 30 years

What's next

The constitutional amendment needs a second vote of approval from the Virginia legislature in January 2026
If approved, the amendment would appear on the ballot for Virginia voters in 2026
All 100 seats in the Virginia House of Delegates are up for election in November 2024, which will determine if the amendment advances
If Republicans win a majority in the House of Delegates, the amendment could be delayed by five years or more

Read full article from source: The 19th