Question 2 is a legislatively referred constitutional amendment on the November 2026 ballot in the state of Virginia. If passed, the state's constitution would be amended to repeal its unenforceable ban on same-sex marriage, and to add new provisions requiring the state to recognize marriages without regard to sex, gender, or race. The amendment would make Virginia the fifth state to repeal a constitutional same-sex marriage ban, following Nevada in 2020, and California, Colorado, and Hawaii in 2024.
Background Interracial marriage
Following the U.S. Supreme Court striking down Virginia's ban on interracial marriage in Loving v. Virginia in 1967, the General Assembly repealed the remainder of the Racial Integrity Act in 1975, as well as the Sterilization Act in 1979. In 2019, a Virginia law that required partners to declare their race on marriage applications was challenged in court. Within a week the state's attorney-general directed that the question is to become optional, and in October 2019, a U.S. District judge ruled the practice unconstitutional and barred Virginia from enforcing the requirement. On March 10, 2020, SB 62 was signed into law to repeal the requirement.
Same-sex marriage In 2006, voters agreed to ban same-sex marriage and any legal status that "approximates the design, qualities, significance, or effects of marriage". However, in 2014, in Bostic v. Schaefer, the United States Court of Appeals for the Fourth Circuit found the amendment to be in violation of the due process and equal protection clauses of the Fourteenth Amendment, thereby making it unenforceable. Due to Obergefell v. Hodges, constitutional bans on same-sex marriage in Virginia and other states have been inoperative since 2015. In 2020, two bills (HB 1490 and SB 17) were signed into law, repealing provisions of the Code of Virginia that banned same-sex marriage and civil unions.Virginia ban on same-sex marriage, civil unions repealed In 2024, HB 174, which affirms the right of same-sex couples to marry and allows clergy to refuse to wed couples, was signed into law.
The push to repeal the defunct and unenforceable language in the state constitution followed Supreme Court Justice Clarence Thomas's opinion in Dobbs v. Jackson Women's Health Organization, the case overturning the constitutionally recognized right to abortion, where he argued that Obergefell v. Hodges, which found that same-sex couples have a fundamental right to marry, should be overturned. It also followed Nevada in 2020 repealing its defunct ban, and California, Colorado, and Hawaii repealing their bans in 2024.
Legislation for the amendment In Virginia, constitutional amendments require approval in two legislative sessions before they can go before voters.
163rd session During the 163rd Virginia General Assembly, in the State Senate, SJ249 was the resolution given approval. +January 21, 2025, vote in the state Senate on SJ249 Political affiliationVoted forVoted againstNot votingDemocratic Party 21 - -Republican Party3151 Total151 The bill was then sent to the State House. +February 13, 2025, vote in the state House on SJR249Political affiliationVoted forVoted againstNot votingDemocratic Party51 - -Republican Party7348 Total348 In the state House, the resolution given approval was House Joint Resolution 9. Like the Senate's bill, HJR 9 was also approved in the other legislative house; this time, the state Senate. +January 14, 2025, vote in the state House on HJR9Political affiliationVoted forVoted againstNot votingDemocratic Party51 - -Republican Party7357 Total357 The bill was then sent to the state Senate. +January 31, 2025, vote in the state Senate on HJ9Political affiliationVoted forVoted againstNot votingDemocratic Party21 - -Republican Party3151 Total151
164th session During the 164th Virginia General Assembly, Senate Joint Resolution 3 was engrossed by the state Senate by a voice vote 26–12. +January 16, 2026, vote in the State Senate on SJ3Political affiliationVoted forVoted againstNot votingDemocratic Party21 - -Republican Party5122 Total122 +February 2, 2026, vote in the State House on SJ3Political affiliationVoted forVoted againstNot votingDemocratic Party59 - 5Republican Party2322 Total327 HJR3 was passed by the state House in a 66 to 31 vote. +January 14, 2026, vote in the State House on HJR3Political affiliationVoted forVoted againstNot votingDemocratic Party63 - -Republican Party3312 Total312 +January 16, 2026, vote in the State Senate on HJR3Political affiliationVoted forVoted againstNot votingDemocratic Party21 - -Republican Party5131 Total131 Legislation to enable the referendum was passed 66–32 in the House on January 29 and 24–16 in the Senate on February 2.
Contents and amendment
Ballot wording The following will be displayed for voters for the referendum:Question: 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?
Constitutional changes If agreed to by voters, Section 15-A of Article I of the Constitution of Virginia will be amended as follows:
Endorsements
Results
See also
2026 Virginia ballot measures 2026 Virginia elections
Notes
References