Virginia Amendment Outlawing Same-Sex Marriage is Still in Place

Author: Lawrence S. Jacobs Date: 03/24/2023

Categories: Partnership Planning

Image of a rainbow flag and a pair of wedding rings symbolizing same-sex marriage.In early February 2023, the Virginia Senate approved Senate Bill 1096, a resolution proposed by Senator Adam Ebbin that intended to repeal Virginia’s Marshall-Newman Amendment.

The Marshall-Newman Amendment, which was approved by Virginia voters in 2006, outlaws same-sex marriage, explicitly defining marriage as between a man and a woman.

Though both Senate democrats and republicans supported Ebbin’s bill, a House subcommittee tabled it… again.

I say again because this is a similar story to the one that played out in 2022 when a repeal of the amendment was first proposed.

The move by House Republicans to block the repeal is disheartening and is yet another sign that some members of the VA legislature still refuse to recognize same-sex couples’ right to marry.

What Does This Mean For Virginia’s LGBTQ+ Community?

Same-Sex Marriage is Still Legal in Virginia

It’s important to note that despite this news, same-sex marriage is still legal in the Commonwealth of Virginia. The 4th Circuit Appeals Court ruled the Marshall-Newman Amendment unconstitutional in 2014. So, while the amendment is still there on the books, same-sex marriage has been recognized as legally valid in Virginia since then.

However, this decision by House Republicans to block a repeal of the Marshall-Newman Amendment serves as a reminder that there is still a lot of work to do to ensure full LGBTQ+ equality in Virginia.

Contact McMillan Metro for a Trusted Advocate

At McMillan Metro, we are dedicated and passionate advocates for the LGBTQ+ community. We have decades of experience providing legal advice and support to same-sex couples in D.C., Virginia, and Maryland.

We regularly assist with wills, trusts, powers of attorney, partnership agreements, and pre-nuptial agreements and strive to provide legal support and guidance to partnership planning.

If you or someone you know needs a trusted legal ally, contact us today for more information on how we can help. We look forward to hearing from you!