Virginia legislation · 2026 Regular Session
Virginia SB311: An Act to provide for the submission to the voters of a proposed 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.
Status: Chaptered, April 13, 2026
Constitutional amendment (voter referendum); marriage between two adult persons; repeal of same-sex marriage prohibition. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that requires the equal treatment under the law of a lawful marriage between two adult persons regardless of the sex, gender, or race of such persons. The amendment also repeals the current provision that defines marriage as only a union between one man and one woman. This bill is identical to HB 612.
What the bill says
An Act to provide for the submission to the voters of a proposed 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. [S 311] Approved April 13, 2026 1. § 1. It shall be the duty of the officers conducting the election directed by law to be held on the Tuesday after the first Monday in November 2026, at the places appointed for holding the same, to open a poll and take the sense of the qualified voters upon the ratification or rejection of the proposed amendment to the Constitution of Vi.
From the enrolled text, April 13, 2026:
An Act to provide for the submission to the voters of a proposed 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. [S 311] Approved April 13, 2026 1. § 1. It shall be the duty of the officers conducting the election directed by law to be held on the Tuesday after the first Monday in November 2026, at the places appointed for holding the same, to open a poll and take the sense of the qualified voters upon the ratification or rejection of the proposed amendment to the Constitution of Virginia, contained herein and in the joint resolution proposing such amendment, to wit: 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: or] [DELETED: recognized] [DELETED: by] [DELETED: this] [DELETED: Commonwealth] [DELETED: and] [DELETED: its] [DELETED: political] [DELETED: subdivisions] marriage is one of the vital personal rights essential to the orderly pursuit of happiness. This Commonwealth and its political subdivisions shall not [DELETED: create] [DELETED: or] [DELETED: recognize] [DELETED: a] …