Virginia is poised to take a historic step toward enshrining marriage equality in its state Constitution, as the House of Delegates approved a measure to repeal the state’s ban on same-sex marriage on Tuesday. While marriage equality is federally protected under the 2015 Supreme Court decision in Obergefell v. Hodges and the 2022 Respect for Marriage Act signed by President Joe Biden, the move addresses concerns about potential threats to LGBTQ+ rights, given the U.S Supreme Court’s increasingly conservative stance.

The amendment would strike down the outdated language in Virginia’s Constitution that prohibits same-sex marriage. The language was added in 2006, during a time of widespread opposition to LGBTQ+ rights in the commonwealth. The move to repeal it reflects a significant shift in public opinion. A 2021 poll from the Public Religion Research Institute found that 71 percent of Virginians support the right of same-sex couples to marry. Nationally, 69 percent of Americans backed marriage equality in a 2024 Gallup poll.

Virginia’s political landscape has been a critical factor in advancing this amendment. Democrats currently hold slim majorities in both chambers of the General Assembly—51-49 in the House and 21-19 in the Senate—following closely contested elections. These majorities were retained in special elections earlier this year, blocking Republican Gov. Glenn Youngkin’s ability to pursue a conservative legislative agenda, including potential restrictions on LGBTQ+ rights.

The Associated Press reports that the proposed amendment is part of a broader effort to codify protections for marriage equality, reproductive rights, and voting rights in Virginia’s Constitution. The process requires approval from both chambers this year and again in 2026, followed by a statewide referendum. If successful, Virginia will join other states to proactively safeguard rights increasingly viewed as vulnerable in the current political climate.

According to the Movement Advancement Project, 25 states still have both unenforceable statutes and constitutional amendments banning marriage for same-sex couples, while five others have either statutes or amendments prohibiting it.