Virginia is on the verge of a historic vote that could reshape the state’s constitution and strengthen LGBTQ+ rights. Lawmakers have advanced a proposal to repeal Virginia’s 2006 constitutional ban on same-sex marriage, clearing the way for voters to possibly decide the issue in 2026. The ban—approved nearly 20 years ago—defined marriage exclusively as between one man and one woman. While it was rendered unenforceable by the U.S. Supreme Court’s Obergefell v. Hodges ruling in 2015, the discriminatory language remains part of Virginia’s founding legal document.
Narissa Rahaman, executive director of Equality Virginia, calls the amendment a “stain on our state’s most revered document,” and says removing it is essential for both legal clarity and equality.
That urgency has only grown since the Supreme Court overturned Roe v. Wade in 2022. Justice Clarence Thomas has even suggested revisiting rulings on marriage equality, sparking fears that if Obergefell were reversed, Virginia’s ban would spring back into force. The new proposal, Senate Joint Resolution 249, would not only repeal the ban but also enshrine the right to marry regardless of sex, gender, or race. Advocates say this would give LGBTQ+ Virginians lasting protection, even if federal law changes.
The measure passed the Democratic-controlled Senate, but faces uncertainty in the closely divided House of Delegates. Some Republican lawmakers object, citing concerns over religious freedom—though existing laws already safeguard clergy from being forced to perform marriages. If approved again in the next legislative session, voters will make the final call in 2026. For Virginia’s queer community, the decision is not just about marriage—it’s about dignity, recognition, and ensuring hard-won freedoms cannot be rolled back.
