VirginiaHJ32026 Regular SessionHouse

Constitutional amendment (second reference); marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry.

Sponsored By: Mark D. Sickles (Democratic)

Adopted

Summary

Constitutional amendment (second reference); marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two adult persons and to treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Equal marriage rights for Virginia adults

Virginia’s Constitution removes the same-sex marriage ban and protects marriage as a fundamental personal right. State and local governments cannot deny licenses based on sex, gender, or race when two adults seek a lawful marriage. They must recognize every lawful marriage between two adults. Those marriages must receive equal treatment under the law, regardless of the spouses’ sex, gender, or race.

Virginia lifts ban on marriage-like statuses

The amendment removes constitutional bans on creating or recognizing legal statuses that resemble marriage or carry marriage-like rights and duties. Virginia and local governments may create or recognize these statuses for unmarried people. This change does not itself create a new status or give unmarried people new rights or benefits.

Sponsors & Cosponsors

Sponsor

  • Mark D. Sickles

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 119 • No: 53

Senate vote • 1/16/2026

Reading of amendment waived (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/16/2026

Senator Jordan, Emily M. Amendment rejected

Yes: 0 • No: 0

Senate vote • 1/16/2026

Passed Senate

Yes: 26 • No: 13

House vote • 1/14/2026

Reported from Privileges and Elections

Yes: 16 • No: 6

House vote • 1/14/2026

Agreed to by House

Yes: 67 • No: 31

Senate vote • 1/14/2026

Reported from Privileges and Elections

Yes: 10 • No: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0975)

    4/13/2026Governor
  2. Assigned Chapter 975 (Effective 7/1/2026)

    4/13/2026House
  3. Signed by Speaker

    3/31/2026House
  4. Bill text as passed House and Senate (HJ3ER)

    3/30/2026House
  5. Signed by President

    3/30/2026Senate
  6. Passed Senate

    1/16/2026Senate
  7. Senator Jordan, Emily M. Amendment rejected

    1/16/2026Senate
  8. Reading of amendment waived (Voice Vote)

    1/16/2026Senate
  9. Agreed to by Senate

    1/16/2026Senate
  10. Read third time

    1/16/2026Senate
  11. Read second time

    1/15/2026Senate
  12. Agreed to by House (67-Y 31-N 0-A)

    1/14/2026House
  13. Engrossed by House

    1/14/2026House
  14. Taken up

    1/14/2026House
  15. Reported from Privileges and Elections (16-Y 6-N)

    1/14/2026House
  16. Referred to Committee on Privileges and Elections

    1/14/2026Senate
  17. Reported from Privileges and Elections (10-Y 3-N)

    1/14/2026Senate
  18. Referred to Committee on Privileges and Elections

    11/17/2025House
  19. Prefiled and ordered printed; Offered 01-14-2026 26101634D

    11/17/2025House

Bill Text

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