Virginia Voters, Ballot Question 2

This November,
Ballot Question 2 Would
Remove Virginia’s Current Definition of Marriage and
Replace it with Something Different.

Read the amendment language ↓
The Amendment’s Own Language

What Ballot Question 2 Actually Says

Ballot Question Two would amend the Constitution of Virginia by removing this language:

“That only a union between one man and one woman may be a marriage valid or recognized by this Commonwealth and its political subdivisions…”

And replacing it with this language:

“That marriage is one of the vital personal rights essential to the orderly pursuit of happiness. This commonwealth and it’s political subdivisions shall not deny the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of sex, gender, or race of such persons…”
This Language Is Important Because
The Amendment Does Not Mention or Address
Understanding What the Amendment Actually Does

Same-sex marriage was legalized nationwide by the U.S. Supreme Court decision in Obergefell v. Hodges in 2015. Changing the language in the Virginia Constitution will not create any more or fewer same-sex marriages.

But the idea that sex is different than gender was not something the Supreme Court addressed. This is an expansion that will be unique to Virginia, under our Constitution.

A Closer Look at the Amendment

Five Things Ballot Question Two Would Do in Virginia

01
Create a Personal Right to Marriage
The amendment specifically states that marriage is a personal right, which is a subcategory of civil rights. Anyone violating a personal right is guilty of a civil rights violation.
02
Create a Specific Purpose for Marriage
The amendment puts the focus of marriage on the pursuit of happiness for the adults involved exclusively, without any mention of children.
03
Replace One Man and One Woman with Two Adult Persons
Any sex, any gender. Two adults is the requirement. Procreation has nothing to do with it.
04
Establish “Sex” and “Gender” as Two Distinct Categories While Removing the Terms “Men” and “Women”
Biology has been removed from the equation.
05
It Can Present Challenges for Some People of Faith
The amendment does not address any protections for clergy, businesses or churches whose faith may require a different view of marriage.
Side-by-Side Comparison

Virginia Law Today vs. Ballot Question 2

Issue Virginia Law Today If Ballot Question 2 Passes
Role of marriage A privilege A vital personal right, increasing taxpayer funding obligation
Purpose of marriage Best model for rearing children Essential to the pursuit of happiness of adults marrying
Role of biology Acknowledges biological realities Biology removed from the definition
Who can marry One man/one woman Any two adult persons
Sex vs. gender Not mentioned Sex separated from gender
Religious freedom Protected Not addressed
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