Virginia marriage laws updated to protect couples regardless of race, sex, or gender

 

 

A new law goes into effect in Virginia today which will help protect the rights of all people who want to get married there. The law also includes provisions that protect the religious freedoms of clergy in the state. 

 

The new section, §20-13.2, explicitly states that no couple can be denied a marriage license on the basis of sex, gender, or race. Religious organizations and clergy members retain the right not to officiate a marriage ceremony that conflicts with their personal beliefs. 

 

The bill was adopted by legislators on March 8th, 2024, and signed into law by Gov. Youngkin soon after. Read the full text below: 

 

§20-13.2. Marriage lawful regardless of sex, gender, or race of parties.

 

No person authorized by §20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties.

 

Religious organizations and members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.

 

Added by Acts 2024 c. 760,§ 1, Effective 7/1/2024

 

• See all Virginia Marriage Laws here

This legislation is a win for LGBTQ+ and interracial couples in the state, as well as their families and allies – especially when considering that previous attempts to protect same-sex marriage by removing discriminatory definitions of marriage from the Virginia State Constitution (by repealing Section 15-A) have failed multiple times. 

 

This is a step in the right direction! 

 

 

Photo: SDI Productions / iStock

When was interracial marriage legalized in Virginia? In 1967, the Supreme Court ruled in Loving vs. Virginia that the state's antimiscegenation laws violated the Constitution's 14th Amendment. This legalized interracial marriage at the national level! July's update to Virginia's state marriage laws will protect couples at the state level, even if Loving vs. Virginia is overturned in the future. Read more about Loving v Virginia here. 

 

 

How does this update impact AMM Ministers who officiate in the state, or the Virginia marriage officiant law? 

 

The new law discussed above does not directly impact ministers and officiants in Virginia, and does not make changes to the state's marriage officiant laws. This law provides protections for couples when they apply for a marriage license.

 

• Learn more: How To Become A Wedding Officiant In Virginia: Path to Officiation

 

Marriage licenses are issued by state officials and clerks, who will verify a couple's eligibility to marry before issuing their documents. As always, however, it’s important for officiants to confirm a couple’s identity before performing their marriage ceremony and signing their marriage license. 

 

• Related: How To Fill Out A Marriage License As An Officiant

 

Clergy members in Virginia have the right to refuse to officiate a couple’s wedding if it conflicts with their personal beliefs about marriage. However, American Marriage Ministries, its members, ministers, and congregants believe that marriage is a sacred union and the natural right of all people – regardless of race, gender, or sexual orientation, nationality, socioeconomic status, or religious background. Therefore our ministers should not refuse to officiate a wedding on these bases.

 

• Learn more: Our Philosophy on Marriage
   

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Read Next: 

 

• Virginia’s Child Marriage Ban in Effect Soon, Plus Protections for Marriage Rights

 

• How to Get Married in Virginia - Planning a Wedding in ‘The Old Dominion’

 

Photo: Julie Rose / Pixabay

Planning a Virginia wedding? This short guide will help -- from how to find a Virginia wedding officiant to how to apply for and complete a VA marriage license. Read the full article here. 

 

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