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Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Virginia voters will decide Question 2 on November 3, 2026. A yes vote would remove the state constitution’s existing marriage restriction and add an affirmative right to marry for two adults regardless of sex, gender, or race, along with a requirement that lawful marriages be recognized and treated equally under law. A no vote would reject the 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 ballot 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 Floyd County Office of Elections’ explanation says a yes vote approves the amendment and a no vote rejects it. The office states that its page was checked against Virginia Department of Elections materials on September 3, 2026.
What would the amendment change?
If approved, Question 2 would replace the existing restrictive language with constitutional protections requiring Virginia and its political subdivisions to license, recognize, and treat lawful marriages between two adults equally, regardless of sex, gender, or race. It would amend Virginia’s constitution; it would not itself amend federal law.
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| Issue | Current constitutional text | Proposed text if approved |
|---|---|---|
| Marriage definition | Only a union between one man and one woman may be a marriage valid in or recognized by Virginia. | Affirms that two adults may marry regardless of sex, gender, or race. |
| Marriage licenses | Contains the existing marriage restriction. | Bars Virginia and its political subdivisions from denying two adults a marriage license based on sex, gender, or race. |
| Recognition and equal treatment | Also restricts recognition of certain legal statuses for unmarried people and other unions or partnerships with marriage-like rights or effects. | Requires recognition and equal treatment under law of any lawful marriage between two adults, regardless of sex, gender, or race. |
| Constitutional status | The restriction remains in the constitution but, according to the state election explanation, is currently unenforceable under Obergefell v. Hodges (2015). | Would put affirmative marriage protections in the Virginia Constitution. |
The existing text is in Article I, Section 15-A. The Virginia Law page for Section 15-A, dated October 2, 2026, records that the provision was ratified on November 7, 2006, and took effect January 1, 2007.
Is same-sex marriage currently legal in Virginia?
Yes. The official voter explanation says same-sex marriage is currently protected by the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges. The older, conflicting restriction has not been removed from Virginia’s constitution, but the election office says it is presently unenforceable. Its explanation says the restriction could become enforceable again if the Supreme Court were to overturn its prior decision; that is a description of a legal contingency, not a prediction that the Court will do so.
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What happens if voters reject the amendment?
A no vote rejects this proposed constitutional change. The existing Section 15-A text would remain in the Virginia Constitution. According to the state election explanation, the current restriction remains unenforceable under Obergefell; rejecting Question 2 would not itself change that present legal status.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why is the measure on the ballot?
The amendment would remove language ratified in 2006 and replace it with an explicit state constitutional protection for marriage equality. Equality Virginia reports that 57% of voters ratified the 2006 Marshall-Newman Amendment on November 7 of that year. Its executive director, Narissa Rahaman, described the current proposal as a chance to “fully complete our evolution – and finish the job on protecting marriage equality for all.” That is Rahaman’s advocacy position, not the neutral wording of the ballot.
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