Constitutional amendment; fundamental right to marry, same-sex marriage prohibition. (SJ5)

Introduced By

Sen. Adam Ebbin (D-Alexandria) with support from co-patron Sen. Jennifer Boysko (D-Herndon)


Passed Committee
Passed House
Passed Senate


Constitutional amendment (second reference); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. Read the Bill »


Bill Has Failed


12/22/2021Prefiled and ordered printed; offered 01/12/22 22100319D
12/22/2021Referred to Committee on Privileges and Elections
01/18/2022Reported from Privileges and Elections (10-Y 5-N) (see vote tally)
01/20/2022Motion to rerefer to committee agreed to
01/20/2022Rereferred to Finance and Appropriations
02/09/2022Reported from Finance and Appropriations (13-Y 3-N) (see vote tally)
02/10/2022Read first time
02/11/2022Read second time and engrossed
02/14/2022Passed by for the day
02/15/2022Read third time and agreed to by Senate (25-Y 14-N) (see vote tally)
02/22/2022Placed on Calendar
02/22/2022Referred to Committee on Privileges and Elections
02/28/2022Assigned P & E sub: Subcommittee #1
03/01/2022Subcommittee failed to recommend reporting (4-Y 6-N)
03/08/2022Left in Privileges and Elections


ChangeServant, tracking this bill in Photosynthesis, notes:

Ask your Senator and Delegate to vote FOR this resolution that authorizes a referendum on a constitutional amendment that would repeal a provision limiting marriage to a man and a woman and assuring marriage equality going forward. The language of the proposed amendment protects religious organizations (already protected by the 1st Amendment to the federal constitution) from being required to perform marriages in violation of their beliefs.