Virginians Pass a Constitutional Amendment for Marriage Rights!

Published Thursday, Nov. 5th, 2026

Virginia's 2026 constitutional amendment will protect marriage rights for all people, regardless of sex, gender, or race. Learn more about the overturn of the state's 20 year same-sex marriage ban, and why LGBTQ+ and interracial couples are celebrating.

edited image shows a virginia state flag turning into a rainbow flag, representing lgbtq+ rights in VA — (Photo: Дмитрий Ларичев / iStock)

On November 3, a majority of Virginians approved a ballot measure to repeal their state’s constitutional ban on same-sex marriage, and to replace it with inclusive language that defines marriage as an essential personal right, regardless of a person’s sex, gender, or race.

The vote was the final necessary step in a multi-year process to amend the state’s constitution, which began in 2024 – four years after Virginia legislators repealed a statutory ban on same-sex marriage, and the same year legislators finally codified marriage rights in the state's laws.

The constitutional amendment will take effect on January 1, 2027.

Read AMM’s past coverage here: Virginia Voters Could Repeal Same-Sex Marriage Ban in November 2026

A massive shift in acceptance: 57% of Virginians voted to repeal the ban – the exact same percentage of voters that approved the ban twenty years ago

The constitutional change was approved by 57% of voters. This vote officially overturns the state’s twenty-year ban on same-sex marriage, which was passed by exactly 57% of voters in 2006 – the exact same percentage of voters who chose to abolish the ban this year.

This complete inversion of public opinion – from discrimination to acceptance – shows just how much public support in Virginia has grown for same-sex, same-gender, and interracial marriages in the past two decades!

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Say goodbye (and good riddance) to the Marshall / Newman Amendment!

When it first passed in 2006, the Virginia Marriage Amendment (or Marshall/Newman Amendment) added language to the Virginia Constitution that defined marriage as “only a union between one man and one woman.” It also explicitly barred same-sex couples from entering any legal relationship similar to marriage (such as civil unions), and kept the Commonwealth and its “political subdivisions” from recognizing such unions formed elsewhere.

In 2015, the Supreme Court ruled in favor of marriage equality in Obergefell v Hodges. That landmark case nullified Virginia’s same-sex marriage bans, but legislators refused to remove the discriminatory language from the constitution. As long as it remained on the books, it posed a lurking legal threat (and visible insult) to LGBTQ+ couples.

Now, that damage is being undone.

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Marriage as an essential personal right for all Virginians

Starting January 1, 2027, the Virginia Constitution’s amended Bill of Rights will read:

“That marriage is one of the vital personal rights essential to the orderly pursuit of happiness. This Commonwealth and its political subdivisions shall not deny 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 Commonwealth and its political subdivisions shall 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.”

(Virginia Constitution Article I. Bill of Rights, Section 15-A.)

Congratulations to all Virginians for your patience and perseverance in this long fight for codified marriage equality!