On a Saturday morning at Babes of Carytown – the East Coast’s oldest lesbian bar – Governor Abigail Spanberger stood before a crowd of volunteers, urging Virginia’s electorate to vote on Tuesday to remove a 20-year-old constitutional prohibition on same-sex marriage. Joined by Human Rights Campaign President Kelley Robinson and Equality Virginia director Narissa Rahaman, the governor framed the referendum as a chance to lift the lingering shadow of a ban that still lives in the state constitution.
The referendum and what’s at stake
The ballot question reads: should Virginia replace the 2006 amendment with an affirmative guarantee that any two adults may marry, regardless of sex, gender, or race? If approved, the constitution would explicitly protect the right affirmed by the U.S. Supreme Court in Obergefell v. Hodges, safeguarding it even if future courts were to revisit the precedent. Advocates argue that the mere presence of the outdated language inflicts emotional harm on LGBTQ families who recall the era when neighbors voted to exclude them.
From 2006 ban to today’s legal landscape
Virginia voters adopted the Marshall-Newman Amendment in 2006 with roughly 57 percent support, formally banning same-sex marriage. Subsequent court decisions, culminating in the 2015 Obergefell ruling, rendered the ban unenforceable, yet the text persisted in the state constitution. Justice Clarence Thomas hinted at revisiting precedents, including Obergefell, in his concurring opinion for the 2022 Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade, reigniting fears that the constitutional ban could become enforceable again.
Shifting public sentiment
National opinion on marriage equality has moved dramatically. Gallup recorded only 42 percent support in 2006, climbing to a peak of 71 percent in 2022-2023, and settling at 65 percent by May 2026. These numbers illustrate both progress and fragility; a constitutional amendment can be removed only by popular vote, making Tuesday’s referendum a litmus test for continued acceptance.
Personal stories that humanize the vote
Among the volunteers was Kimberly Ewton, a college friend who traveled from Germany to stand beside Spanberger. The two first met at the University of Virginia and shared a pivotal moment at Babes years earlier when Spanberger helped Ewton navigate a difficult coming-out with a conservative family. “I’m just really moved to see my friend here advocating for our rights,” Ewton said, tears in her voice. Her testimony underscored how the constitutional ban, though dormant, continues to affect real lives.
Leadership, politics, and a broader movement
Spanberger’s appearance reflects a broader shift in Virginia’s political climate. After defeating Republican Lt. Gov. Winsome Earle-Sears in November 2025 with 57.6 percent of the vote, she returned the governor’s mansion to Democratic control. Earlier this year she highlighted LGBTQ inclusion at Virginia Pride Fest, assuring attendees that the state’s highest office now backs marriage equality. Robinson, who married her wife in 2020 during the pandemic, emphasized that “marriage shouldn’t ever be about fear. It should always be about love.” Rahaman framed the campaign as the culmination of two decades of organizing, noting that constitutional protection is a milestone, not the final destination.
The outcome on Tuesday will determine whether Virginia’s constitution finally aligns with the legal reality that same-sex couples have enjoyed for over a decade. For advocates, a “yes” vote would not only erase a historic injustice but also set a precedent that could inspire similar efforts in the remaining states where bans linger.
