What does Marriage equality look like in Virginia in 2026?

To understand the present legal landscape of same-sex marriages in Virginia, it is important to understand the history.

A History of Marriage Bans in Virginia, 1975 to 2014

In Virginia, same-sex marriages were first banned by statute in 1975. The legislature took action to amend Va. Code § 20-45.2, in the mid-1990s to prevent even the recognition of same-sex marriages performed in other states. Finally, the Virginia Constitution was amended in 2006 to define marriage as solely between “one man and one woman.” This prevented lesbian, gay, and same-sex couples from marrying and denied them the same rights as heterosexual couples.

What the Ban Meant for Same-Sex Couples

The denial of the right to marry created multiple functional issues for some same-sex couples. Marriage creates certain default rights and obligations under the law. These default rights include the right to inherit, the right to equitable distribution of marital property, the right to seek spousal support, and the right to make medical decisions on behalf of your partner if they are incapacitated. Without the right to marry, some same-sex couples effectuated legal documents, such as power of attorney and testamentary documents, to fill the gap left by the prohibition against their marriage. However, there are some things that cannot be done without a legal marriage, such as making a claim for spousal support or property distribution in the event of a dissolution of the relationship. During this time, the case law also included explicit biases against same-sex partnerships in custody proceedings.

How the Law Changed, 2014 to 2026

In 2014, the Fourth Circuit held that Virginia’s statute and constitution “violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the extent that they prevent same-sex couples from marrying and prohibit Virginia from recognizing same-sex couples’ lawful out-of-state marriages.” Bostic v. Schaefer, 760 F.3d 352, 384 (4th Cir. 2014).

Shortly after, the United States Supreme Court held, “[t]he right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. Same-sex couples may exercise the fundamental right to marry.” Obergefell v. Hodges, 576 U.S. 644, 647 (2015).

The Obergefell decision invalidated the Virginia Constitution’s prohibition on same-sex marriage. The US Constitution’s Supremacy Clause holds that federal laws are supreme over contrary provisions of state law, including state constitutions.

Where Marriage Equality Stands in Virginia Today

Currently, same-sex marriage is legal and recognized in Virginia. As of June 1, 2026, the United States Supreme Court has denied petitions to reconsider Obergefell. This means same-sex marriage is legally valid in Virginia and must be recognized by the court. This also means that same-sex couples can marry in Virginia without denial by the state based on their sex.

The Constitutional Amendment on the November 2026 Ballot

Virginia voters will decide on a constitutional amendment to enshrine the right of same-sex couples to marry and remove the existing ban from the state constitution on November 3, 2026.

The legislature has passed the measure in two consecutive sessions, referring the question to the ballot. The proposed amendment will ask voters to replace the previous language, which defined marriage strictly as a union between one man and one woman, with affirmative protections. If approved by voters, the amendment will:

• Remove the outdated same-sex marriage ban from the Virginia Constitution.
• Prohibit the state from denying a marriage license to two adults based on their sex, gender, or race.
• Require all lawful marriages between two adult persons to be treated equally under the law.

Why the 2026 Amendment Matters

If Obergefell is ever overturned, same-sex couples may need to rely upon state law for recognition of their marriage. The Virginia constitution should be amended to recognize the innate human right to marry, regardless of your partner’s sex.