Virginia Question 2: Repeal the same-sex marriage ban; protect the right to marry
What it does. Virginia’s Constitution now prohibits marriages, civil unions and similar legal relationships between persons of the same sex or gender. That prohibition is no longer enforceable because of the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, but it remains in the text and would be enforceable again if the Court overturned that decision. The amendment would remove it and replace it with a fundamental right to marry, requiring the state to recognize and treat equally any lawful marriage between two adults regardless of sex, gender or race, and barring it from denying a marriage license on those grounds. [1]
Official ballot question. Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law? [1]
If you vote yes
A yes vote removes the ban on same-sex marriage from the Constitution and adds a right to marry that applies regardless of the sex, gender or race of the two adults. [1]
If you vote no
A no vote leaves the current ban in the Constitution. It stays unenforceable while Obergefell stands, and would become enforceable if that decision were overturned. [1]
What it would cost
Virginia’s Department of Planning and Budget estimated a one-time state cost of $205,000 for the Department of Elections to run newspaper notices and prepare posters and pamphlets about the referendum. [2]
Both sides
Strongest case for
Supporters say the 2006 ban is out of step with current law and should come out. Progress Virginia’s LaTwyla Mathias called it “a stain on Virginia’s constitution for too long” and said Virginia should “affirmatively protect the right of everyone to marry the person they love.” State Sen. Adam Ebbin (D) said the amendment means every constituent “is treated with dignity and respect.” [3]
They say the protection could be needed. Equality Virginia’s Narissa Rahaman said that if the Supreme Court weakened or overturned Obergefell, “Virginia’s ban in our constitution would immediately go into effect.” Virginians for Marriage Equality says that outcome would cost couples “hospital visitation rights, inheritance protections, the ability to make medical decisions for a spouse.” [3]
Supporters also frame it as a statement of values. GLAAD said that by voting yes, “Virginia can lead the way and send a powerful, positive message to the entire country,” and that “the fundamental freedom to marry belongs to us all, regardless of religion or political background.” [3]
Strongest case against
Opponents say the amendment is about more than marriage because it separates “sex” from “gender.” The Family Foundation says it “would enshrine gender ideology into our state constitution, threatening girls’ safety and sports, as well as basic religious liberties.” Heritage Action says the new language “distinguishes ‘sex’ from ‘gender’ in Virginia law for the first time.” [3]
Former Del. Tim Anderson (R) argues that same-sex marriage is already legal, so the amendment “is NOT about legalizing gay marriage. That has already been settled by SCOTUS.” He says it is instead about “transgender rights becoming protected classes in family law, school law and custody cases.” [3]
Opponents also raise religious freedom. Lt. Gov. nominee John Reid said it “doesn’t provide protection for people who sincerely don’t agree with gay marriage.” Victoria Cobb of the Family Foundation of Virginia says that by separating the terms, “they are implying that one can be a different gender than their sex,” which she says “opens the door” to renewed disputes over girls’ sports and other policies. [3]
What neither side is saying
Context that bears on what this measure does or who it affects but that the arguments above do not address. These are sourced facts, not arguments for or against the measure.
- It also ends the ban on civil unions. Under present law, the Constitution’s prohibition covers not only same-sex marriage but also civil unions and other legal relationships with the same rights, benefits and effects of marriage between persons of the same sex or gender. The amendment deletes that language along with the marriage ban. [1]
Editorial context, not the opinion of We Elect. Each point is a fact we found in a source we opened and read; where sources disagree or data are missing, we say so. How we choose these.
Follow the money
Contributions reported by committees registered to support or oppose Question 2. Major donors are those who gave $100,000 or more; where fewer than three did, up to five of the largest listed donors giving $5,000 or more are shown.
Supporting (Yes)
Total raised $703,735
Committees
- Virginians for Marriage Equality $693,202
- Feminists for Marriage Equality $10,534
Major donors
| ACLU of Virginia | $155,241 |
| New Virginia Majority | $106,407 |
| Reginald J. Brown | $100,000 |
Donors shown gave 51% of this side’s total.
Opposing (No)
Total raised $126,799
Committees
- Defend Virginia's Sons and Daughters, Inc. $52,219
- Virginians Against 3 $46,796
- Virginia Conservative Action Referendum Committee 2026 $17,284
- Virginia Voters for Freedom, Inc. $10,500
At least one of these committees also campaigns on Virginia Question 1, Virginia Question 3, so its money cannot be split by measure.
Major donors
| Elizabeth Jenks | $50,139 |
| The Family Foundation | $46,796 |
| VA Conservative Action Fund | $16,601 |
| Butters Home Health Care | $10,000 |
Reported contributions through Oct. 24, 2026, as compiled by Ballotpedia from state filings; the source lists each side’s top donors, not every donor. Figures are reported contributions and may be updated as new reports are filed. Amounts are rounded to the nearest dollar. Official filings: Virginia Department of Elections, campaign finance reports.
Sources
- Proposed Constitutional Amendment, Question 2 (official explanation and full text) — Virginia Department of Elections (Official state explanation, 2026-06-22)
- State Fiscal Impact Statement, HB 612 (2026) — Virginia Department of Planning and Budget (Official fiscal analysis, 2026-02-11)
- Virginia Question 2, Remove Constitutional Same-Sex Marriage Ban Amendment (2026) — Ballotpedia (Reference (quotes supporters and opponents), accessed 2026-10-28)
Editorial summary of arguments made by others, not the opinion of We Elect. Last reviewed 2026-10-28. How we write both sides.
We Elect is a Brunner Creative site. Editorial summary of arguments made by others, not the opinion of We Elect. Each side is written to be the strongest case its supporters would recognize, and every claim is tied to a source we opened and read.