The proposed amendment removes the prohibition on marriages between persons of the same sex or gender from the Virginia Constitution’s Bill of Rights.
Marriages, civil unions, and other legal relationships with the same rights, benefits, and effects of marriage between persons of the same sex or gender are prohibited under Virginia’s Constitution. This prohibition is no longer enforceable as a result of the United States Supreme Court decision in Obergefell v. Hodges in 2015, but the prohibition on marriages between persons of the same sex or gender remains in the state’s Constitution. If the Supreme Court were to overturn its previous decision, that prohibition would be enforceable again.
Proposed Law
The proposed amendment removes the prohibition on marriages between persons of the same sex or gender from the Virginia Constitution’s Bill of Rights. It is replaced with the fundamental right to marry, requiring the state to recognize and treat equally under the law any lawful marriage between two adult persons, regardless of the sex, gender, or race of either person. The proposed amendment prohibits the state from denying a marriage license to two adult persons because of their sex, gender, or race.
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