VirginiaSJ32026 Regular SessionSenate

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

Sponsored By: Adam P. Ebbin (Democratic)

Became Law

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provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015).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: 1 benefits, 1 costs, 0 mixed.

Equal marriage rights for adult couples

The law bans officials from denying a marriage license to two adults because of sex, gender, or race. Virginia and its localities must recognize any lawful marriage between two adults. They must treat all such marriages equally under the law. This gives the same rights and duties, like taxes, benefits, inheritance, and medical decisions. This applies when both people are adults and the marriage is lawful.

No marriage-like status for unmarried couples

The law bars the state and localities from creating or recognizing civil unions or other statuses for unmarried couples that work like marriage. They cannot give another union, partnership, or status the rights, benefits, or duties of marriage. Unmarried couples cannot get marriage-like legal status through the state.

Sponsors & Cosponsors

Sponsor

  • Adam P. Ebbin

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 194 • No: 90

House vote 2/2/2026

Agreed to by House

Yes: 61 • No: 32

House vote 1/30/2026

Reported from Privileges and Elections

Yes: 16 • No: 6

Senate vote 1/16/2026

Agreed to by Senate

Yes: 23 • No: 16

Senate vote 1/16/2026

Agreed to by Senate

Yes: 26 • No: 12

Senate vote 1/16/2026

Reconsideration of

Yes: 39 • No: 0

Senate vote 1/15/2026

Senator Jordan Amendment rejected

Yes: 19 • No: 20

Senate vote 1/15/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/14/2026

Reported from Privileges and Elections

Yes: 10 • No: 4

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0979)

    4/13/2026Governor
  2. Assigned Chapter 979 (Effective 7/1/2026)

    4/13/2026House
  3. Signed by Speaker

    3/31/2026House
  4. Bill text as passed Senate and House (SJ3ER)

    3/30/2026Senate
  5. Signed by President

    3/30/2026Senate
  6. Agreed to by House (61-Y 32-N 0-A)

    2/2/2026House
  7. Taken up

    2/2/2026House
  8. Reported from Privileges and Elections (16-Y 6-N)

    1/30/2026House
  9. Referred to Committee on Privileges and Elections

    1/20/2026House
  10. Agreed to by Senate (26-Y 12-N 0-A)

    1/16/2026Senate
  11. Reconsideration of (39-Y 0-N 0-A)

    1/16/2026Senate
  12. Agreed to by Senate (23-Y 16-N 0-A)

    1/16/2026Senate
  13. Read third time

    1/16/2026Senate
  14. Floor offered

    1/15/2026Senate
  15. Senator Jordan Amendment rejected (19-Y 20-N 0-A)

    1/15/2026Senate
  16. Engrossed by Senate (Voice Vote)

    1/15/2026Senate
  17. Reading of amendment waived

    1/15/2026Senate
  18. Passed by temporarily

    1/15/2026Senate
  19. Read second time

    1/15/2026Senate
  20. Read first time

    1/14/2026Senate
  21. Reported from Privileges and Elections (10-Y 4-N)

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

    11/17/2025Senate
  23. Prefiled and ordered printed; Offered 01-14-2026 26100274D

    11/17/2025Senate

Bill Text

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