Virginia Voters Repeal Ban on Same-Sex Marriage
Virginia voted by a 14-point margin to repeal constitutional language denying recognition to same-sex couples.
On November 3, Virginia voters repealed the Marshall-Newman Amendment, a 2006 constitutional amendment that barred the Commonwealth from recognizing same-sex marriages or granting legal recognition to same-sex relationships. The measure passed with 57% support and enshrines language in the constitution requiring all legally valid marriages to be treated equally under the law, regardless of the spouses’ identities.
The ballot measure was fueled by strong support from Democratic-leaning counties, college towns, and other liberal areas, as well as a handful of “swing” counties and independent cities. The amendment received 87% support in Charlottesville, 85% in Arlington, 83% in Alexandria and Richmond, 76% in Williamsburg, 73% in Albemarle County, 72% in Fredericksburg, 71% in Harrisonburg, and 70% in Fairfax County.
By comparison, the Shenandoah Valley, the Blue Ridge Mountains, the Appalachian Plateau, and Southside Virginia were the most hostile to the amendment, with opposition exceeding 70% or 80% in parts of the commonwealth’s southwestern corner. Rural Buchanan County voted most heavily against the measure, with 85% of voters rejecting it.
The constitutional amendment appeared on the ballot alongside two other measures favored by political liberals: an amendment to enshrine access to abortion in Virginia’s constitution and another to restore voting rights to people convicted of felonies after they complete their prison sentences.
The marriage amendment’s passage was years in the making, with many setbacks.
Even after both Virginia’s statutory ban and the Marshall-Newman Amendment were made unenforceable in 2015 — as a result of the Supreme Court’s decision in Obergefell v. Hodges — Republican lawmakers refused to allow any measure seeking to repeal the commonwealth’s same-sex marriage ban to emerge from committee, let alone receive a floor debate.
Under Virginia law, proposed constitutional amendments must be approved by both chambers of the legislature before and after a House of Delegates election to appear on the ballot. The amendment language must be identical both times, or the process must start over.
With the repeal of the same-sex marriage ban, Virginia becomes the first Southern state to enshrine protections and legal recognition for same-sex couples in its constitution. However, a Northern Virginia pastor has challenged the ballot measure, seeking to invalidate Tuesday’s results by claiming proponents failed to follow the proper procedures to place the amendment on the ballot. A ruling is expected in the coming weeks.
Nonetheless, proponents of the measure celebrated its passage, many noting how much had changed since 2006, when even some of the state’s most liberal jurisdictions voted to restrict marriage to opposite-sex couples.
“Tonight, Virginia voters have affirmed that our Constitution should reflect the Commonwealth we are today, not the discriminatory policies of our past,” Del. R. Kirk McPike (D-Alexandria), co-chair of Virginians for Marriage Equality, said in a statement. “By removing this outdated provision and affirming marriage equality, Virginians have taken an important step toward ensuring that every family is treated with dignity, fairness and respect.”
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