Virginia Lawmakers Seek to Repeal Ban of Gay Marriage

The 2025 elections gave Democrats a strong governing advantage in Virginia, and its electorate is attempting to pass some important LGBTQ legislation, including a repeal of the state’s ban of gay marriage. Advocates are optimistic about its chance of success.

Background: it is likely the law will be repealed, which is important in an era in which the federal government is removing officials are is attempting to has a state constitutional amendment from 2006 banning same-sex marriage, but it’s unenforceable due to the U.S. Supreme Court’s Obergefell v. Hodges ruling (2015), which legalized same-sex marriage nationwide; however, activists are pushing to repeal the ban through the legislative process to provide permanent protection in case Obergefell is ever overturned, requiring legislative approval and a voter referendum for amendment.

Key Details:

• The Ban: In 2006, Virginia voters approved the Marshall-Newman Amendment, defining marriage as only between a man and a woman and prohibiting legal recognition of other unions.
• Obergefell v. Hodges  Ruling: The 2015 Supreme Court decision made state bans like Virginia’s invalid, requiring all states to license and recognize same-sex marriages.
• Current Status: Same-sex marriage is legal in Virginia because of the federal ruling, but the state’s constitutional ban still exists in the books.
• Repeal Efforts: Efforts are underway to remove the ban through a constitutional amendment, which involves passing legislation through the General Assembly and then getting voter approval in a statewide election, with recent legislative pushes aiming for a 2026 ballot.
• Why Repeal? Repealing the ban ensures permanent equality and protects LGBTQ+ rights, preventing the ban from being reinstated if Obergefell were ever overturned, notes Equality Virginia. With the LGBTQ community under attack in Washington, repealing Marshall-Newman is a prudent move that serves as insurance should gay marriage come under threat next in these uncertain times.