Virginia marriage amendment campaign begins

Summary

Virginia activists launched a campaign for a November amendment to protect same-sex marriage in the state constitution.

Why this matters

Virginia voters will decide whether to remove a same-sex marriage ban that remains in the state constitution despite court rulings. The vote could determine whether those protections remain in place if federal precedent changes.

A coalition called Virginians for Marriage Equality launched a statewide campaign Monday to support a constitutional amendment on Virginia’s November ballot that would protect same-sex marriage in the state constitution.

The proposal would repeal Virginia’s dormant 2006 ban on same-sex marriage and require the commonwealth to recognize marriages regardless of sex, gender, or race. Supporters said the change is needed if federal protections are ever overturned.

Virginia voters approved the Marshall-Newman amendment in 2006 with about 57% support. Introduced by then-Del. Bob Marshall, R-Manassas, and then-Sen. Steve Newman, R-Bedford County, it defined marriage as between “one man and one woman” and barred recognition of same-sex relationships.

Federal lawsuits later challenged the ban. A federal judge struck it down in 2014, and the 4th U.S. Circuit Court of Appeals upheld that ruling. When the U.S. Supreme Court declined Virginia’s appeal, same-sex marriages began statewide. Obergefell the next year established a nationwide constitutional right to same-sex marriage, though Virginia’s ban remained in its constitution.

In 2024, Gov. Glenn Youngkin signed legislation sponsored by Democratic lawmakers intended to keep same-sex marriage legal in Virginia regardless of future federal court decisions. At the time, his office highlighted protections allowing clergy and religious organizations to decline to perform same-sex weddings.

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