Virginia repeals same-sex marriage ban from state constitution

Virginia voters have approved a measure repealing language from the state constitution restricting same-sex marriage , Decision Desk HQ projects.

The amendment removes a provision stating that marriage is only between a man and a woman and prohibits the state from denying a marriage license to two adults because of their sex, gender or race.

A federal judge struck down the ban as unconstitutional in 2014, and same-sex marriage has been legal nationwide since the Supreme Court’s 2015 ruling in Obergefell v. Hodges. The high court also rejected an appeal of the decision last year.

Now, the successful measure formally takes the restriction off the books in Virginia.

Some advocates have expressed concern that Obergefell could be overturned following the court’s 2022 decision overturning Roe v. Wade.

In a concurring opinion, Justice Clarence Thomas suggested the court should review other cases decided with similar legal reasoning, including the 2015 case. Other justices, however, did not join that opinion.

A few other states have also repealed their bans on same-sex marriage in recent years. Nevada was the first to do so in 2020, and California, Colorado and Hawaii followed suit in 2024.