Proposing an amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry.
HJ3 proposes a constitutional amendment to Virginia’s Bill of Rights that would replace the existing marriage provision with language recognizing marriage as a vital personal right and affirming that two adult persons may marry regardless of sex, gender, or race. The resolution repeals the current constitutional prohibition that limited marriage to one man and one woman and replaces it with a requirement that the Commonwealth and its political subdivisions recognize lawful marriages between two adult persons equally under the law.
The amendment also bars the state and local governments from denying a marriage license to two adult persons seeking a lawful marriage on the basis of sex, gender, or race, and it removes language that prohibited the creation or recognition of alternative legal statuses intended to approximate marriage. In practical terms, it would align the Virginia Constitution with a broader, nondiscriminatory right to marry and require equal treatment of such marriages by state and local authorities.
If ratified, the resolution would amend Article I, Section 15-A of the Virginia Constitution, changing the state’s marriage clause from a restrictive definition to an affirmative guarantee of equal marriage rights for two adult persons. It would affect state and local officials responsible for issuing marriage licenses and recognizing marriages, and it would eliminate constitutional language that previously barred recognition of same-sex marriage and similar relationship statuses. The measure would also provide a constitutional basis for equal treatment of marriages regardless of sex, gender, or race.
The available record shows strong institutional support: the resolution was agreed to by both the House of Delegates and the Senate in January 2026, and there are no recorded committee transcripts or vote breakdowns indicating opposition in the provided materials. The overall sentiment appears favorable and reform-oriented, centered on expanding and clarifying marriage equality in the Virginia Constitution. Because no debate transcript is included, the record does not show detailed arguments for or against the measure beyond the text of the amendment itself.
The main point of contention inherent in the measure is the replacement of the existing constitutional definition of marriage, which historically limited marriage to one man and one woman, with an affirmative right to marry for two adult persons. Supporters would view this as a civil-rights and equality measure, while opponents would likely focus on the removal of the traditional marriage definition and the constitutional recognition of marriages regardless of sex, gender, or race. The bill text also eliminates the prohibition on recognizing other relationship statuses that approximate marriage, which could raise concerns among critics about broader implications for family law and state recognition of nontraditional unions.