SJ 3 Virginia Senate · 2026 Regular Session

Constitutional amendment (second reference); marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry.

Summary

Constitutional amendment (second reference); marriage between two adult persons; 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provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015).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 prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two adult persons and to treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.

Bill status passed both 4 of 5 stages cleared

Introduction

Nov 2025

Committee Review

Jan 2026

Senate Passage

Mar 2026

House of Delegates Passage

Mar 2026

Governor

Introduced Nov 17, 2025 Last action Mar 31, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 3 edits · Mar 31, 2026

MINOR

The document changed from a draft bill introduced in 2026 to an enrolled version, indicating the bill has been officially approved by both the Senate and the House of Delegates. The substantive text of the constitutional amendment remains identical, proposing to repeal the ban on same-sex marriage and affirm the right to marry for any two adult persons regardless of sex, gender, or race.

Scope change

The scope of the bill's applicability has not changed; the policy content is identical to the original draft.

TIMELINE

Added official approval dates for the Senate (January 16, 2026) and the House of Delegates (February 2, 2026), confirming the bill has passed both chambers.

TECHNICAL

Changed the status header from 'Introduced' to 'Enrolled' and updated the session title to reflect the final enrolled status.

Added a specific identifier 'SJ3ER' to the final text to denote the enrolled version of Senate Joint Resolution 3.

Floor votes · Senate Jan 16, 2026 · House of Delegates Feb 2, 2026

How they voted

39–0

Passed · 1 other

Total votes 40

Jan 16, 2026

D Democratic21

21 Yea

100% Yea

R Republican19

18 Yea 1

94% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 31, 2026

Lower · Passed

Signed by Speaker

lower

Mar 30, 2026

Upper · Passed

Signed by President

upper

Mar 30, 2026

Upper · Passed

Bill text as passed Senate and House (SJ3ER)

upper

Feb 2, 2026

House Of Delegates · Passed

House of Delegates Vote: pass (50-31-7)

house of delegates

Jan 30, 2026

Lower · Passed

Reported from Privileges and Elections (16-Y 6-N)

lower

Jan 20, 2026

Committee

Referred to Committee on Privileges and Elections

lower

Jan 16, 2026

Senate · Passed

Senate Vote: pass (39-0-1)

senate

Jan 15, 2026

Amended

Senator Jordan Amendment rejected (19-Y 20-N 0-A)

upper

Jan 15, 2026

Introduced

Reading of amendment waived

upper

Jan 15, 2026

Introduced

Floor offered Senator Jordan Amendment

upper

Jan 15, 2026

Upper · Passed

Passed by temporarily

upper

Jan 14, 2026

Upper · Passed

Reported from Privileges and Elections (10-Y 4-N)

upper

Nov 17, 2025

Committee

Referred to Committee on Privileges and Elections

upper

1 primary · 23 co-sponsors