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Ballot Explained

Virginia ballot measure · November 3, 2026

Virginia Question 2, explained

Remove the constitutional ban on same-sex marriage. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.

The official wordingWhat appears on the ballot. Everything below explains it.
Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

What it actually means

Virginia's constitution still contains the Marshall-Newman Amendment, approved by voters in 2006, which says only a union between one man and one woman may be a marriage and bars the state from recognising any similar legal status. The U.S. Supreme Court's 2015 Obergefell decision makes it unenforceable, but it has never been removed — so, as the Department of Elections puts it, "if the Supreme Court were to overturn its previous decision, that prohibition would be enforceable again." This amendment would delete it and replace it with a right to marry.

Y

If you vote YES

  • The words "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth" would be struck from Article I, Section 15-A, along with the ban on recognising civil unions and similar statuses.
  • In their place, the constitution would say marriage "is one of the vital personal rights essential to the orderly pursuit of happiness."
  • Virginia and its localities could not deny a marriage licence to two adults on the basis of sex, gender or race.
  • Virginia would have to recognise any lawful marriage between two adults and treat such marriages equally under the law, regardless of the sex, gender or race of either person.
  • If the U.S. Supreme Court ever narrowed or overturned Obergefell v. Hodges, Virginia's own constitution would protect same-sex marriage rather than prohibit it.
N

If you vote NO

  • The Marshall-Newman Amendment stays in Article I, Section 15-A, unenforceable for as long as Obergefell stands.
  • Same-sex couples continue to marry in Virginia under federal constitutional law, and the federal Respect for Marriage Act of 2022 requires states to recognise marriages lawfully performed elsewhere.
  • If the Supreme Court were to overturn Obergefell, Virginia's constitutional ban would become enforceable again, as the Department of Elections' explanation states.
  • The constitution would also keep its bar on the state creating or recognising civil unions or other statuses approximating marriage.
  • Nothing in state law changes on November 4.
The numbers that matter
When the current ban was adopted
2006, as the Marshall-Newman Amendment

Article I, Section 15-A, Virginia Constitution

Why it is unenforceable now
Obergefell v. Hodges, 2015

Virginia Department of Elections explanation for voters

Votes needed to pass
A simple majority of votes cast on the question

Article XII, Virginia Constitution

What each side says3 for, 3 against — quoted, not summarised

Why supporters say YES

  • "Senate Democrats stand for fairness and equality, and this amendment reflects those values. By affirming the right of all Virginians to marry the person they love, regardless of gender, sex, or race, we are ensuring that every constituent in our Commonwealth is treated with dignity and respect."

    — State Sen. Adam Ebbin (D-39)

  • "Our concern is that if the Supreme Court were to go back and revisit Obergefell v. Hodges … that Virginia's ban in our constitution would immediately go into effect." She adds: "No family in Virginia should have to wonder whether their rights will be protected tomorrow."

    — Narissa Rahaman, executive director, Equality Virginia

  • "By voting YES, Virginia can lead the way and send a powerful, positive message to the entire country: love, commitment, and family are universal values that belong to every American. … The fundamental freedom to marry belongs to us all, regardless of religion or political background; and should not be undone."

    — GLAAD

Why opponents say NO

  • "If passed, the repeal-and-replace marriage amendment would enshrine gender ideology into our state constitution, threatening girls' safety and sports, as well as basic religious liberties."

    — The Family Foundation of Virginia

  • "By separating the terms sex and gender in this constitution, they are implying that one can be a different gender than their sex, and what that does is open the door for the entire commonwealth, all its institutions, and businesses, and all the things that have been under dispute, girls' sports, etc, it opens the door for that battle to begin all over again."

    — Victoria Cobb, president, The Family Foundation of Virginia

  • "It doesn't provide protection for people who sincerely don't agree with gay marriage."

    — John Reid (R), 2025 candidate for lieutenant governor

What's genuinely uncertain
  • Whether using both "sex" and "gender" in the marriage clause has any effect outside marriage — on school sports or public accommodations, as the Family Foundation argues — is contested and has not been tested in a Virginia court.
  • The amendment says nothing explicit about religious objections to performing or recognising a marriage; how it would interact with existing federal and state religious liberty protections is not settled by the text.
  • Whether the U.S. Supreme Court will revisit Obergefell is the premise of the case for the amendment and cannot be known.
  • The amendment applies to "two adult persons" and does not otherwise change Virginia's marriage age or licensing rules.

The bottom line

Whether to take a marriage ban that cannot currently be enforced out of Virginia's constitution and replace it with a right — security for couples if federal law changes, against an amendment opponents say reaches further than marriage.

One neutral sentence describing the tradeoff — not a recommendation.

Sources (3)The numbers in the text above link here
  1. 1Proposed Constitutional Amendment, Question 2 — Virginia Department of Elections — elections.virginia.gov
  2. 2November 2026 Proposed Constitutional Amendments and Local Referenda — Virginia Department of Elections — elections.virginia.gov
  3. 3Virginia Question 2, Remove Constitutional Same-Sex Marriage Ban Amendment (2026) — Ballotpedia — ballotpedia.org

Checking it against the official text

The Virginia Department of Elections publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.

Confirm this with the official source

Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Virginia Department of Elections.

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