Ballot question

Question 2: Marriage (constitutional amendment)

On the ballot in: Virginia
Vote: Yes or no
Election: Nov 3, 2026

The question, as printed on the 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?

A “Yes” vote means

A yes vote replaces the constitution's ban on same-sex marriage with a right to marry, requiring the state to recognize lawful marriages of two adults regardless of sex, gender, or race.

A “No” vote means

A no vote rejects the amendment; the ban on same-sex marriage stays in the Virginia Constitution, though it is not enforceable under Obergefell v. Hodges.

Official plain English statement

Present Law 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.

Proposed by the General Assembly (amends Article I, Section 15-A).

Sources

November 2026 Proposed Constitutional Amendments and Local Referenda (updated 9/8/26) · Virginia Department of Elections
Sample Ballot, November 3, 2026 General and Special Elections — Prince William County, Precinct 204 (Ellis) · Prince William County Office of Elections
Proposed Constitutional Amendment, Question 2 (ballot question, explanation for voters, full text) · Virginia Department of Elections
Explanation for Proposed Constitutional Amendment Question 2 (PDF) · Virginia Department of Elections

The question and plain English statement are copied word for word from official election materials. The Gist does not take a side on ballot questions.