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Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →Virginia voters are scheduled to decide Question 2 on November 3, 2026. A yes vote would remove the state constitution’s existing marriage restriction and add language affirming that two adults may marry regardless of sex, gender, or race, with lawful marriages treated equally. A no vote would reject the proposed amendment and leave the existing constitutional text in place.
What is Question 2 in Virginia?
Question 2 is a proposed amendment to Article I, Section 15-A of the Virginia Constitution. The official ballot question asks:
“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?”
The election is scheduled for Tuesday, November 3, 2026. The state election explanation says a yes vote approves the amendment and a no vote rejects it. Floyd County Office of Elections: Question 2
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What does a yes vote change?
If voters approve Question 2, the amendment would replace the existing restrictions with affirmative constitutional language. It would bar Virginia and its political subdivisions from denying a marriage license to two adults because of sex, gender, or race, and require recognition and equal treatment under law of any lawful marriage between two adults, regardless of sex, gender, or race. The change would be to Virginia’s constitution; the referendum itself would not amend federal law. Floyd County Office of Elections: Question 2
What does Virginia’s constitution say now?
Article I, Section 15-A currently states that “only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions.” It also restricts recognition of certain legal statuses for unmarried people and other unions or partnerships with marriage-like rights or effects. The provision was ratified on November 7, 2006, and took effect on January 1, 2007. Virginia Constitution, Article I, Section 15-A
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The state election explanation says this restriction is currently unenforceable because of the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, but the conflicting language remains in the Virginia Constitution. The guide says that if the Supreme Court overturned its earlier decision, the restriction would become enforceable again. That is an explanation of a legal contingency, not a prediction that the Court will act. Floyd County Office of Elections: Question 2
Current text and proposed change
| Issue | Current constitutional text | If Question 2 passes |
|---|---|---|
| Marriage definition | Says only a union between one man and one woman may be a marriage valid in or recognized by Virginia. | Removes that restriction and affirms the right of two adults to marry regardless of sex, gender, or race. |
| Marriage licenses | Contains the existing marriage restriction. | Bars the state and local governments from denying a license to two adults seeking a lawful marriage based on sex, gender, or race. |
| Recognition and equal treatment | Restricts recognition of certain marriage-like statuses. | Requires recognition and equal treatment under law of any lawful marriage between two adults, regardless of sex, gender, or race. |
| Present legal effect | According to the election office, the restriction remains in the constitution but is unenforceable under Obergefell (2015). | Adds affirmative protections to the Virginia Constitution if voters approve it. |
The summary reflects the election office’s explanation; the operative wording is in the official Question 2 materials and the current constitutional text.
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Is same-sex marriage currently legal in Virginia?
Yes. The official voter explanation says same-sex marriage is protected under the U.S. Supreme Court’s Obergefell v. Hodges decision, while the older conflicting language remains in the state constitution and is presently unenforceable. Question 2 would change Virginia’s constitution by removing that restriction and expressly providing for licensing, recognition, and equal treatment as described in the proposal. Floyd County Office of Elections: Question 2
What happens if voters reject the amendment?
A no vote rejects this proposed constitutional amendment. The current text of Section 15-A would remain in place; the election office’s explanation does not say a no vote itself changes the present legal status of same-sex marriage.
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Why is the amendment on the ballot now?
Virginia’s existing restriction was approved in 2006. Equality Virginia reports that 57% of voters ratified the Marshall-Newman Amendment on November 7 of that year. That figure is from the advocacy organization, while the state constitutional page independently records the ratification date. Equality Virginia: Marriage Virginia Constitution, Article I, Section 15-A
Equality Virginia Executive Director Narissa Rahaman has described the proposal as a way to “fully complete our evolution – and finish the job on protecting marriage equality for all.” That is her organization’s advocacy position, not language from the official ballot explanation. Equality Virginia: Marriage
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