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Yes. Same-sex couples can obtain a marriage license in Virginia, and Virginia law says lawful marriages are recognized regardless of the spouses’ sex or gender. The legal picture has an important wrinkle: as of October 4, 2026, Virginia’s Constitution still contains older language restricting marriage, while current state law and federal law provide separate protections. A proposed constitutional amendment is scheduled for a November 3, 2026 vote, but it is not yet in effect.
Is same-sex marriage legal in Virginia?
Virginia Code § 20-13.2 directs marriage license issuers not to deny a lawful marriage based on the parties’ sex, gender, or race. It also says: “Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties.” Read Virginia Code § 20-13.2.
That statute is the current state-law direction for licensing and recognition. But it has not erased the older constitutional language: Article I, § 15-A still contains text restricting recognition of marriage and marriage-like legal statuses. It was ratified November 7, 2006, and took effect January 1, 2007. Read Article I, § 15-A of the Virginia Constitution.
How do state law and federal protections fit together?
They are distinct legal layers. Virginia’s statute addresses state marriage licensing and recognition. The federal Respect for Marriage Act addresses how the federal government treats a marriage and how states must recognize qualifying marriages performed elsewhere.
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- Federal treatment: Under 1 U.S.C. § 7, an individual is considered married for federal-law purposes if the marriage was valid in the jurisdiction where it was entered. The statute also provides a rule for marriages entered outside a U.S. state. Read the current codified 1 U.S.C. § 7.
- Interstate recognition: The Respect for Marriage Act requires recognition of a marriage valid in the place where it was entered. It became Public Law 117-228 on December 13, 2022. Read Public Law 117-228.
These statutory protections establish rules for federal treatment and interstate recognition; they do not resolve every possible marriage-related legal dispute.
Why is same-sex marriage on Virginia’s 2026 ballot?
Virginia lawmakers referred a constitutional amendment to voters through Senate Bill 311, Chapter 819, approved April 13, 2026. The proposed amendment would remove the old restriction and add marriage-equality language. The vote is scheduled for November 3, 2026. As of October 4, 2026, the result is still pending, so the proposal should not be described as current constitutional text.
Chapter 819 provides that the amendment would take effect January 1, 2027, only if a majority votes to approve it. See Virginia Senate Bill 311, Chapter 819.
Can a religious organization or clergy member refuse to perform a wedding?
Yes. Virginia Code § 20-13.2 separately gives religious organizations and clergy acting in their religious capacity the right to refuse to perform a marriage. That provision concerns performing a religious ceremony; it is distinct from the government’s duty to issue licenses under the statute.
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How do Virginia’s anti-discrimination rules relate?
The Virginia Human Rights Act’s policy declaration lists sexual orientation, gender identity, and marital status among grounds addressed in specified areas, including employment and public accommodations. Those rules are a separate legal layer: they are not the statute governing marriage validity or license issuance. Read the Virginia Human Rights Act policy declaration.
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