Remove Constitutional Same-Sex Marriage Ban Amendment
Virginia Ballot Measure - House Joint Resolution 3
Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
MarriageSexual Orientation and Gender Identity
Summary
The amendment would amend the Virginia Constitution to remove a provision providing that marriage is only between one man and one woman. The amendment would add a provision to the state constitution stating that "marriage is one of the vital personal rights essential to the orderly pursuit of happiness.
The amendment would also provide that the state can 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. It would provide that the government can not treat a legal marriage differently under the law based on the sex, gender, or race of the spouses. The amendment would require the government to recognize the lawfulness of marriages regardless of the sex, gender, or race of the spouses.
Measure Text
WHEREAS, a proposed amendment to the Constitution of Virginia, hereinafter set forth, was agreed to by a majority of the members elected to each of the two houses of the General Assembly at the regular session of 2025 and referred to this, the next regular session held after the 2025 general election of members of the House of Delegates, as required by the Constitution of Virginia; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely: Amend Section 15-A of Article I of the Constitution of Virginia as follows:
ARTICLE I
BILL OF RIGHTS
Section 15-A. Marriage.
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.
Resources
Official Summary
Full Text
Source