Repeal of Constitutional Ban on Same-Sex Marriage Goes to the People

Feb 11, 2026

Governor Abigail Spanberger signed legislation will repeal Virginia’s constitutional ban on same-sex marriage if approved by voters in November.

Governor Abigail Spanberger, who took office in January 2026, has made the repeal of Virginia’s constitutional ban on same-sex marriage a cornerstone of her early administration. On February 6, 2026, she stayed true to that commitment. and signed several key pieces of legislation that officially put the issue in the hands of Virginia voters.

"Everyone deserves the freedom to marry who they love—and Virginia’s Constitution should affirm that all families are welcome in our Commonwealth," she said before she signed off on the legislation.

While same-sex marriage has been legal in Virginia since 2014 and protected by the U.S. Supreme Court, the Virginia Constitution still contains the Marshall-Newman Amendment, a 2006 provision that defines marriage strictly as a union between one man and one woman.

Governor Spanberger signed HB 612 and SB 311, which authorize a referendum to finally strike this language. If approved by voters, the amendment will repeal the defunct ban on same-sex marriage, affirm the right to marry for any two adults, regardless of their sex, gender, or race, and guarantee equal treatment of all legally valid marriages under Virginia law.

The path to amending the Virginia Constitution is a multi-year process. This referendum is the culmination of two successive General Assembly sessions (2025 and 2026) passing the resolution. The referendum will go to voters on November 3, 2026.

Governor Spanberger signed the marriage equality bill as part of a broader package of proposed constitutional changes. On the same day, she cleared the way for two other major referendums to appear on the November 2026 ballot: an amendment to enshrine the right to reproductive healthcare, including abortion, into the state constitution, and an amendment to automatically restore voting rights to Virginians who have completed their felony sentences. 

These actions represent a significant shift in Virginia’s executive branch priorities, moving to "clean up" the state's governing document by removing old bans and adding modern protections.