Remove Same-Sex Marriage Ban Amendment

Even though same-sex marriage is legal in Virginia by virtue of the U.S. Supreme Court's 2015 ruling in Obergefell v. Hodges, Virginia's current constitution (Article I, Section 15-A) still defines marriage as "only a union between one man and one woman."

Question 2 would change the Virginia Constitution to correlate with Obergefell by removing the traditional definition and replacing it with language establishing marriage as a right "regardless of the sex, gender, or race" of the two adult persons seeking to marry.

Virginia's constitutional definition of marriage reads: "That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions."

This constitutional definition was approved by the state's voters in a 2006 referendum, with 57% voting "yes."

Yes, same-sex marriages are currently performed and recognized in Virginia.

Since the U.S. Supreme Court's 2015 ruling in Obergefell v. Hodges held that same-sex couples have a federal constitutional right to marry, Article I, Section 15-A of the Virginia state constitution is currently unenforceable.

But if the Supreme Court were to overturn or narrow Obergefell, Virginia's constitutional ban would immediately become enforceable again—even though Virginia lawmakers repealed state statutes prohibiting same-sex marriage (Va. Code §§ 20-45.2 and 20-45.3) in 2020.

Question 2 would change the constitution to protect same-sex marriage in the event that the issue ever reverts to the states.

Question 2 would replace the current constitutional definition of marriage as "a union between one man and one woman" with new language declaring that "marriage is one of the vital personal rights essential to the orderly pursuit of happiness."

It would then prohibit the state from denying "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." This stands in contrast to the current constitutional amendment, which states that only a marriage between one man and one woman may be treated as "valid" or "recognized" by the state.

Finally, it would require the state to "recognize any lawful marriage between two adult persons and treat such marriages equally under the law, regardless of the sex, gender, or race of such persons."

The amendment contains no explicit religious liberty protections or carve-outs.

By including "race" alongside sex and gender, Question 2 intentionally distracts from the central contested question, namely redefining marriage itself.

Whereas same-sex marriage is a matter of significant theological and civic concern, interracial marriage protections are not seriously in dispute today. Adding it to this amendment is meant to cause conflict in the minds of voters who hold a traditional view of marriage, but oppose racism.

A no vote on Question 2 does not mean you are in favor of banning interracial marriage. It means you hold a traditional view of marriage.

Question 2 contains no explicit religious liberty protections or carve-outs. This stands in contrast to the federal Respect for Marriage Act (2022), which paired same-sex marriage recognition with specific religious liberty language.

Virginia's existing religious liberty protections remain in place and are not directly altered by Question 2. But it still leaves unresolved questions about potential downstream consequences, including how religious schools, adoption agencies, counseling practices, business owners, and clergy will be treated by state agencies and courts when their convictions on marriage conflict with newly-elevated constitutional rights.

The push to repeal and replace the current constitutional amendment has intensified since the U.S. Supreme Court's 2022 ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and returned the question of abortion back to the states.