General Assembly Clears the Way for a Constitutional Amendment Protecting Same Sex Marriage

Jan 19, 2026

(Photo by Charlotte Rene Woods/Virginia Mercury)

On Friday, January 16, 2026, the Virginia State Senate joined the House of Delegates in passing House Joint Resolution 3 (HJR 3) and Senate Joint Resolution 3 (SJR 3). This action sends the measure to a statewide voter referendum this November.

Since 2006, the Virginia Constitution has contained a provision (Section 15-A) known as the Marshall-Newman Amendment, which defines marriage exclusively as the union of "one man and one woman."

While this ban was rendered unenforceable by the 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, it remained in the text of Virginia's founding document. Lawmakers pushed for this repeal now to prevent the ban from becoming active again should the Supreme Court ever overturn Obergefell, like how state "trigger laws" went into effect after the fall of Roe v. Wade.

The newly passed resolution does more than just strike the old language. It establishes an affirmative right to marry. If approved by voters, the amendment will Remove the language defining marriage as only between a man and a woman. In addition, it will Declare marriage as a "vital personal right essential to the orderly pursuit of happiness” and specifically forbid the Commonwealth from denying marriage licenses based on the sex, gender, or race of the two adults.

In addition, it removes the language defining marriage as only between a man and a woman, declares marriage as a "vital personal right essential to the orderly pursuit of happiness."

Prohibit Discrimination: Specifically forbid the Commonwealth from denying marriage licenses based on the sex, gender, or race of the two adults, and mandates that all lawful marriages be recognized and treated equally under Virginia law.

To amend the Virginia Constitution, a resolution must pass two separate legislative sessions with a general election in between. The Democratic-controlled General Assembly passed the measure last year. The second pass occurred earlier this month when Democrats expanded their majorities in the 2025 elections. The House passed HJR 3 on January 14 (67–31) and the Senate passed it on January 16 (26–13).

The amendment is now officially headed to the ballot for the November 3, 2026, general election. Notably, the measure received bipartisan support in the Senate, where five Republicans joined all 21 Democrats to pass the resolution.