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Virginia Voters Could Repeal Same-Sex Marriage Ban in November 2026

Published Tuesday, Jan. 20th, 2026

two brides kiss during lgbtq wedding ceremony
(Photo: KAMPUS / iStock)

This November, Virginia voters will decide whether to repeal the state’s constitutional same-sex marriage ban

 

Mark your calendars! This November, Virginia voters will have the opportunity to repeal an outdated same-sex marriage ban from their state’s constitution, and create permenant protections for marriage rights for all adults. 

 

 

What happened: VA Legislators vote yes on SJR3 & HJR3

 

As of January 20th, Virginia lawmakers in both chambers have voted in favor of placing a constitutional amendment protecting marriage rights on the November elections ballot.

 

Constitutional amendments in Virginia must be voted on by two successive legislatures before heading to the ballot. This was the second set of votes in the required series. Because both chambers also voted in favor of the resolution in 2025, this amendment now heads to the ballot for voters to decide.

 

  • Read the full text of the resolutions: 

Virginia Senate Joint Resolution 3 (Passed 1/20/26)

Virginia House Joint Resolution 3 (Passed 1/16/26)
 


What’s next: Voters will decide whether to amend the constitution, protect marriage rights in November

 

If voters pass the measure in November, then the section of the state’s constitution that defines marriage (Article I, Section 15-A) will be updated with gender-inclusive language that protects marriage rights for all adults – “regardless of the sex, gender, or race of such persons.” 

 

The updated law would enshrine marriage rights for same-sex couples, interracial couples, and all adults by making it illegal to deny a couple a marriage license based on their sex, gender, or race; and require the state to recognize any lawful marriage between two adults. 

 

If voters do not pass the measure in November, then the same-sex marriage ban will remain in the state’s constitution. While such a ban can’t be legally enforced, this could signal a sharp decline in support for LGBTQ+ marriage rights in the state. 

 

So mark your calendars, and don’t forget to vote! 

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In context: Building on marriage equality protections

 

In 2024, Virginia lawmakers repealed the state's statutory same-sex marriage ban and enacted a new law protecting marriage equality for all couples regardless of sex, gender, or race:

 


Although same-sex marriage has been legal across the US since the Supreme Court ruling in Obergefell v. Hodges, many states still have same-sex marriage bans in their statutes and constitutions.

 

Repealing these outdated laws is an important step in protecting marriage equality at the state level, and in demonstrating real acceptance and support for LGBTQ+ families and their allies.

 


 

More Virginia wedding ideas & inspiration from AMM

 


 


Jessica Levey
Jessica Levey

Lead Staff Writer & Illustrator

Jessica Levey is a content specialist at American Marriage Ministries, where she writes about marriage law and wedding industry trends. She holds a degree in Strategic Communications and has a background in trade journalism, with experience in data-informed, people-first reporting, SEO, and LLM optimization. She was ordained with AMM in 2020 and is an advocate for marriage equality, LGBTQ+ rights, and individuality. In her personal time, Jessica writes, illustrates, and makes comics and zines independently at hellojesslevey.com.

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