Virginia Voters Repeal State Ban on Same-Sex Marriage

Virginia Voters Overturn State Constitutional Ban on Same-Sex Marriage

On Tuesday, voters in Virginia passed a constitutional amendment that formally does away with the commonwealth’s ban on same-sex marriage, coming right around the 20-year anniversary of its original 2006 adoption. With more than 95 percent of the vote counted, Virginia’s Question 2 passed with 57 percent of the vote, according to Decision Desk HQ. Back in 2006, that previous measure also secured 57 percent of the vote when it established marriage in the state as strictly between one man and one woman.

The ballot initiative’s success marks a major turning point for Virginia marriage equality advocates who spent years lobbying the legislature to bring the proposal before the public. Virginia joins a growing coalition of states that have removed anti-same-sex marriage language from their foundational documents, following similar moves in Nevada, California, Colorado, and Hawaii in recent years.

Virginia Law Requires Multiple Legislative Approvals for Constitutional Amendments

Under Virginia law, constitutional amendments must clear the state House and Senate twice before appearing on a statewide ballot. Just eight Republicans in the 140-seat legislature voted for the amendment when it reached final passage in January.

Virginia’s ban on gay marriage, mirroring prohibitions in 24 other states, has remained unenforceable since 2015. That year, the United States Supreme Court issued its landmark ruling in Obergefell v. Hodges, establishing a federal constitutional right to marry for same-sex couples. Even so, state LGBTQ+ rights advocates argued that recent rulings and public comments from the court’s conservative majority placed that federal protection in jeopardy.

Even though Justices Clarence Thomas and Samuel Alito voiced criticisms, the Supreme Court opted not to take up a challenge to its same-sex marriage ruling over the past year. Following the 2022 overturning of Roe v. Wade, Justice Thomas suggested the high court ought to reconsider other rulings, including Obergefell. In a recently published collection of speeches, Justice Alito labeled the Obergefell decision the decisive point in the nation’s turn against religious liberty.

Gallup Polls Show Strong National Support for Marriage Equality

Nationally, support for marriage equality is strong at 65 percent, according to a June Gallup poll. A dip in support among Republican respondents has driven an overall national decline since 2022, when backing for same-sex marriage reached an all-time high of 71 percent. At the state level, a 2024 survey showed that 68 percent of Virginians believed same-sex couples should have the legal right to marry.

Republican opponents criticized the constitutional repeal measure as radical and deceptive, attempting to link it to broader political debates. One conservative Virginia nonprofit claimed without evidence that the initiative would enshrine gender ideology into the state constitution. Former Lieutenant Governor Winsome Earle-Sears, a Republican who lost her bid for governor last year, led a statewide bus tour over the summer urging voters to reject both the marriage amendment and a separate reproductive rights ballot initiative.

Supporters celebrated the outcome as a historic milestone. Narissa Ramen, executive director of Equality Virginia and campaign manager for Virginians for Marriage Equality, noted that the victory belongs to generations of advocates who fought for equality without knowing if they would live to witness it. Kelley Robinson, president of the Human Rights Campaign, called the passage a major win and emphasized the ongoing work required to protect marriages across every state.

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