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5 Nov 2026

Virginia voters back replacing same-sex marriage ban with equality protections

Voters approved a state constitutional amendment protecting marriage regardless of sex, gender or race. Virginia’s election returns remain unofficial.

Virginia voters backed an amendment to take a ban on same-sex marriage out of the state constitution and put marriage equality in its place. The Associated Press called the November 3 vote in favour of Ballot Question 2. The state’s election returns are still unofficial.

Same-sex couples can already marry in Virginia. A federal court ruling made Virginia’s ban unenforceable in 2014. The U.S. Supreme Court recognised a nationwide right to same-sex marriage the following year. The ban’s wording stayed in Virginia’s constitution. As Virginia’s voter guide explains, the amendment replaces that language and bars the state from denying a lawful marriage licence to two adults because of their sex, gender or race. It also requires Virginia to treat those marriages equally under state law.

Once it takes effect, the amendment will give couples protection in Virginia’s own constitution. In making the case for the amendment earlier this year, Equality Virginia executive director Narissa Rahaman urged voters to remove the ban and safeguard marriage for all Virginians. The state’s elections department lists January 1, 2027 as the effective date for the approved amendment.

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