(STAFFORD, Va.) — Twenty years after Virginia voters approved a constitutional ban on same-sex marriage, they’ll return to the polls Tuesday to decide whether or not to repeal it.

If approved, Question 2 would remove the Marshall-Newman Amendment, which defined marriage as a union between one man and one woman. The new language would guarantee the right of any two adults to marry, regardless of sex, gender, or race.

In 2006, about 57% of Virginia voters supported the ban.

Same-sex couples have been able to marry legally in Virginia since 2014, following a federal court ruling. A year later, the U.S. Supreme Court’s decision in Obergefell v. Hodges established marriage equality nationwide.

A 2024 Virginia law prohibits marriage discrimination based on sex, gender, or race. 

Virginia’s 2006 constitutional ban remains, though federal rulings prevent its enforcement.

What Supporters and Opponents Say

Supporters say marriage equality shouldn’t depend on court rulings or laws that future lawmakers could repeal.

“No family in Virginia should have to wonder whether their rights will be protected tomorrow,” Narissa Rahaman, executive director of Equality Virginia, said at the June launch of the marriage equality campaign.

Legal marriage affects inheritance, medical decisions, taxes, and other family responsibilities. Supporters want those protections written into the constitution.

Opponents, including the Virginia Catholic Conference and The Family Foundation, have raised concerns about religious freedom and the amendment’s broader legal implications.

Victoria Cobb, president of The Family Foundation, told WTVR that she worries religious organizations could face lawsuits if they decline to perform same-sex marriages.

Cobb also questioned why the amendment mentions sex and gender separately, arguing that the wording could affect legal disputes beyond marriage.

Virginia law allows religious organizations and clergy acting in a religious capacity to refuse to perform marriages. Opponents still question how courts might interpret the proposed amendment.

What a Yes or No Vote Means

If approved: Virginia’s 2006 marriage ban would be removed from the state’s constitution on Jan. 1, 2027. Any two adults would have a constitutional right to marry, regardless of sex, gender, or race, and the state would have to recognize all lawful marriages equally.

If rejected: Same-sex marriage would remain legal under current federal and state law. The 2006 ban would stay in the constitution, however, and could lead to legal challenges if the Supreme Court overturned its 2015 marriage equality ruling.

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