Virginia legislation · 2026 Regular Session
Virginia HJR3: Proposing an amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry.
Status: Chaptered, April 13, 2026
Constitutional amendment (second reference); marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges , 576 U.S. 644 (2015). The amendment prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two adult persons and to treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.
What the bill says
From the enrolled text, April 13, 2026:
CHAPTER 975 HOUSE JOINT RESOLUTION NO. 3 Proposing an amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry. Agreed to by the House of Delegates, January 14, 2026 Agreed to by the Senate, January 16, 2026 WHEREAS, a proposed amendment to the Constitution of Virginia, hereinafter set forth, was agreed to by a majority of the members elected to each of the two houses of the General Assembly at the regular session of 2025 and referred to this, the next regular session held after the 2025 general election of members of the House of Delegates, as required by the Constitution of Virginia; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely: Amend Section 15-A of Article I of the Constitution of Virginia as follows: ARTICLE I BILL OF RIGHTS Section 15-A. Marriage. That [DELETED: only] [DELETED: a] [DELETED: union] [DELETED: between] [DELETED: one] [DELETED: man] [DELETED: and] [DELETED: one] [DELETED: woman] [DELETED: may] [DELETED: be] [DELETED: a] [DELETED: marriage] [DELETED: valid] [DELETED: in] [DELETED: …