Spanberger urges Virginia to erase its 2006 same-sex marriage ban in Tuesday's vote

Virginia Gov. Abigail Spanberger, a Democrat, campaigned in Richmond on Saturday for Question 2, a ballot measure that would remove the state constitution's ban on same-sex marriage ¹³. Voters decide on Tuesday ³.

She spoke at Babes of Carytown alongside Human Rights Campaign President Kelley Robinson and Equality Virginia Executive Director Narissa Rahaman ¹. The Human Rights Campaign and Equality Virginia were launching a get-out-the-vote effort for the measure ³.

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Virginia voters approved the ban, known as the Marshall-Newman Amendment, in 2006 with about 57 percent of the vote ¹. The U.S. Supreme Court's 2015 decision in Obergefell v. Hodges made it unenforceable, but the words remain in the state constitution ⁴.

The fact that at this moment we still have a ban in our state constitution casts a bit of a shadow

What a yes vote would do

Question 2 asks three things in one vote. It would remove the ban, affirm that two adults may marry regardless of sex, gender or race, and require all legally valid marriages to be treated equally under the law ⁴.

The current ban reaches beyond marriage. State election officials say Virginia's constitution also prohibits same-sex civil unions and other legal relationships with the same rights, benefits and effects as marriage ⁴.

The measure needs a simple majority of the votes cast on that question ⁷. It shares the ballot with Question 1, on reproductive freedom, and Question 3, on restoring voting rights after a felony conviction ⁷.

Why an unenforceable ban still matters

If Obergefell were overturned, the ban in Virginia's constitution could go back into effect ⁵. Justice Clarence Thomas called for reconsidering precedents including Obergefell in a concurring opinion in the 2022 decision that overturned Roe v. Wade ².

Spanberger pointed to that reversal as proof that established precedents can disappear, but said removing the ban matters whatever the court does ². She called the vote a chance to right a past wrong of the commonwealth ².

It means a lot to me because I have many friends who are married under the shadow of that ban

Robinson married her wife in 2020, during the COVID-19 pandemic, when worries about hospital visitation, health insurance and parental rights made marriage feel especially urgent to her, The Advocate reported ¹.

Marriage shouldn’t ever be about fear. It should always be about love

That matters because many of the protections couples count on as they age run through marriage. A right to marry also brings access to divorce. Virginia records show thousands of same-sex marriages and hundreds of same-sex divorces each year since 2014 ¹¹.

The case against, and a civil unions question

Former Lt. Gov. Winsome Earle-Sears, a Republican who lost the 2025 governor's race to Spanberger 57.6 percent to 42.2 percent, has led a statewide tour urging a no vote on both the marriage and reproductive freedom amendments ¹⁸. She argues the marriage measure is missing a safeguard. "There are no protections for those who have deeply held religious beliefs," she told Cardinal News ⁵.

She cites a Republican proposal in the state Senate that would have protected clergy and church members who do not want to perform a marriage that conflicts with their beliefs. Democrats voted it down ⁵.

I’ve always said I support civil unions, that’s not an issue

Here is the receipt. The state's own description of current law says the constitution bars civil unions between people of the same sex or gender ⁴. So a no vote would leave in place language prohibiting the arrangement Earle-Sears says she supports ⁴⁵.

Other opponents focus on the amendment's wording. Pastor Jonathan Falwell of Thomas Road Baptist Church said, "What this would do is it would separate the idea of sex and gender, in our constitution." He argues that could affect sports, bathroom and locker room policies ⁹.

John Fishwick, a former U.S. attorney, disagreed. "I think this amendment is limited to marriage," he said, adding that arguments about broader effects would not succeed ⁹. No court has ruled on that dispute in the reporting we reviewed, so both sides' readings remain arguments.

How the vote lines up

The state Senate approved the amendment 26-13 on Jan. 16. Counting only members who voted, all Democratic legislators supported it, along with 15 percent of Republican legislators ⁶.

Former Democratic state Sen. Adam Ebbin, who sponsored the measure, played down the change. "It’s not a radical change, it’s just bringing Virginia into the current status of the law of the land," he said ⁵. Former U.S. Reps. Barbara Comstock, a Republican, and Denver Riggleman, who was elected as a Republican, are listed among the supporters ¹⁰.

The national picture

Virginia would be the fifth state to vote on repealing a same-sex marriage ban, after Nevada in 2020 and California, Colorado and Hawaii in 2024 ⁶. Robinson said a win would put advocates "on the path to repeal the other 30 remaining bans on marriage equality" ¹. Ballotpedia, a nonpartisan elections site, counted 27 states with such constitutional language as of January, including Virginia, so the totals differ ⁶.

National opinion has shifted a long way, though not in a straight line. Gallup found 42 percent of Americans supported legal same-sex marriage in 2006. Support stood at 65 percent in May 2026, down from a peak of 71 percent in 2022 and 2023 ¹.

We found no recent public poll on Question 2 itself, so those national numbers are not a forecast of Tuesday's result.

The Record

1. Jan 16, 2026Virginia's state Senate approves the marriage amendment 26-13, sending it to the November ballot ⁶.
2. Jul 27, 2026The Washington Blade reports that former Lt. Gov. Winsome Earle-Sears is launching a statewide tour urging no votes on the marriage and reproductive freedom amendments ⁸.
3. Oct 31, 2026Gov. Abigail Spanberger campaigns for Question 2 in Richmond with the leaders of the Human Rights Campaign and Equality Virginia ¹.
4. Nov 3, 2026Virginia voters decide Question 2 on Election Day ³.

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<h2>Spanberger urges Virginia to erase its 2006 same-sex marriage ban in Tuesday&#39;s vote</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/spanberger-urges-virginia-to-erase-its-2006-same-sex-marriage-ban-in-tuesday-s-vote">The GOP Files</a> on Sunday, November 1, 2026.</em></p> <p>Virginia Gov. Abigail Spanberger, a Democrat, campaigned in Richmond on Saturday for Question 2, a ballot measure that would remove the state constitution&#39;s ban on same-sex marriage . Voters decide on Tuesday .</p> <p>She spoke at Babes of Carytown alongside Human Rights Campaign President Kelley Robinson and Equality Virginia Executive Director Narissa Rahaman . The Human Rights Campaign and Equality Virginia were launching a get-out-the-vote effort for the measure .</p> <p>Virginia voters approved the ban, known as the Marshall-Newman Amendment, in 2006 with about 57 percent of the vote . The U.S. Supreme Court&#39;s 2015 decision in Obergefell v. Hodges made it unenforceable, but the words remain in the state constitution .</p> <blockquote><p>The fact that at this moment we still have a ban in our state constitution casts a bit of a shadow</p><p>&mdash; Abigail Spanberger, Governor of Virginia, D</p></blockquote> <h2>What a yes vote would do</h2> <p>Question 2 asks three things in one vote. It would remove the ban, affirm that two adults may marry regardless of sex, gender or race, and require all legally valid marriages to be treated equally under the law .</p> <p>The current ban reaches beyond marriage. State election officials say Virginia&#39;s constitution also prohibits same-sex civil unions and other legal relationships with the same rights, benefits and effects as marriage .</p> <p>The measure needs a simple majority of the votes cast on that question . It shares the ballot with Question 1, on reproductive freedom, and Question 3, on restoring voting rights after a felony conviction .</p> <h2>Why an unenforceable ban still matters</h2> <p>If Obergefell were overturned, the ban in Virginia&#39;s constitution could go back into effect . Justice Clarence Thomas called for reconsidering precedents including Obergefell in a concurring opinion in the 2022 decision that overturned Roe v. Wade .</p> <p>Spanberger pointed to that reversal as proof that established precedents can disappear, but said removing the ban matters whatever the court does . She called the vote a chance to right a past wrong of the commonwealth .</p> <blockquote><p>It means a lot to me because I have many friends who are married under the shadow of that ban</p><p>&mdash; Abigail Spanberger, Governor of Virginia, D</p></blockquote> <p>Robinson married her wife in 2020, during the COVID-19 pandemic, when worries about hospital visitation, health insurance and parental rights made marriage feel especially urgent to her, The Advocate reported .</p> <blockquote><p>Marriage shouldn’t ever be about fear. It should always be about love</p><p>&mdash; Kelley Robinson, President, Human Rights Campaign</p></blockquote> <p>That matters because many of the protections couples count on as they age run through marriage. A right to marry also brings access to divorce. Virginia records show thousands of same-sex marriages and hundreds of same-sex divorces each year since 2014 .</p> <h2>The case against, and a civil unions question</h2> <p>Former Lt. Gov. Winsome Earle-Sears, a Republican who lost the 2025 governor&#39;s race to Spanberger 57.6 percent to 42.2 percent, has led a statewide tour urging a no vote on both the marriage and reproductive freedom amendments . She argues the marriage measure is missing a safeguard. &quot;There are no protections for those who have deeply held religious beliefs,&quot; she told Cardinal News .</p> <p>She cites a Republican proposal in the state Senate that would have protected clergy and church members who do not want to perform a marriage that conflicts with their beliefs. Democrats voted it down .</p> <blockquote><p>I’ve always said I support civil unions, that’s not an issue</p><p>&mdash; Winsome Earle-Sears, Former lieutenant governor of Virginia, R</p></blockquote> <p>Here is the receipt. The state&#39;s own description of current law says the constitution bars civil unions between people of the same sex or gender . So a no vote would leave in place language prohibiting the arrangement Earle-Sears says she supports .</p> <p>Other opponents focus on the amendment&#39;s wording. Pastor Jonathan Falwell of Thomas Road Baptist Church said, &quot;What this would do is it would separate the idea of sex and gender, in our constitution.&quot; He argues that could affect sports, bathroom and locker room policies .</p> <p>John Fishwick, a former U.S. attorney, disagreed. &quot;I think this amendment is limited to marriage,&quot; he said, adding that arguments about broader effects would not succeed . No court has ruled on that dispute in the reporting we reviewed, so both sides&#39; readings remain arguments.</p> <h2>How the vote lines up</h2> <p>The state Senate approved the amendment 26-13 on Jan. 16. Counting only members who voted, all Democratic legislators supported it, along with 15 percent of Republican legislators .</p> <p>Former Democratic state Sen. Adam Ebbin, who sponsored the measure, played down the change. &quot;It’s not a radical change, it’s just bringing Virginia into the current status of the law of the land,&quot; he said . Former U.S. Reps. Barbara Comstock, a Republican, and Denver Riggleman, who was elected as a Republican, are listed among the supporters .</p> <h2>The national picture</h2> <p>Virginia would be the fifth state to vote on repealing a same-sex marriage ban, after Nevada in 2020 and California, Colorado and Hawaii in 2024 . Robinson said a win would put advocates &quot;on the path to repeal the other 30 remaining bans on marriage equality&quot; . Ballotpedia, a nonpartisan elections site, counted 27 states with such constitutional language as of January, including Virginia, so the totals differ .</p> <p>National opinion has shifted a long way, though not in a straight line. Gallup found 42 percent of Americans supported legal same-sex marriage in 2006. Support stood at 65 percent in May 2026, down from a peak of 71 percent in 2022 and 2023 .</p> <p>We found no recent public poll on Question 2 itself, so those national numbers are not a forecast of Tuesday&#39;s result.</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/spanberger-urges-virginia-to-erase-its-2006-same-sex-marriage-ban-in-tuesday-s-vote">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/spanberger-urges-virginia-to-erase-its-2006-same-sex-marriage-ban-in-tuesday-s-vote.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. The Advocate, “Abigail Spanberger urges yes on Virginia marriage equality” (2026-10-31). advocate.com/politics/states/spanberger-marriage-equality-vi
2. The Advocate via Yahoo News, “Decades after helping a college friend come out, Virginia governor urges voters to protect marriage equality” (2026-10-31). yahoo.com/news/politics/articles/decades-helping-college-fri
3. WTVR CBS 6, “Gov. Spanberger rallies for marriage equality amendment on Virginia ballot: 'Right a past wrong'” (2026-10-31). wtvr.com/news/local-news/richmond/spanberger-rallies-for-mar
4. Virginia Department of Elections, “Proposed Constitutional Amendment, Question 2” (2026-11-01). elections.virginia.gov/election-law/proposed-constitutional-
5. Cardinal News, “Virginians will weigh in on 3 changes to their state constitution this fall. Here's a look at the proposed amendments.” (2026-08-25). cardinalnews.org/2026/08/25/virginians-will-weigh-in-on-3-ch
6. Ballotpedia News, “Virginia will be the fifth state to vote on a constitutional amendment repealing same-sex marriage ban” (2026-01-30). news.ballotpedia.org/2026/01/30/virginia-will-be-the-fifth-s
7. Yahoo News, “Here are the 3 constitutional amendments on Virginia's ballot and what they mean for voters” (2026-10-29). yahoo.com/news/politics/articles/3-constitutional-amendments
8. Washington Blade via Watermark, “Winsome Earle-Sears launches campaign against Va. marriage equality amendment” (2026-07-27). watermarkoutnews.com/2026/07/27/winsome-earle-sears-launches
9. WJLA, “Virginia voters weigh marriage equality amendment as early voting begins” (2026-09-30). wjla.com/news/local/virginia-voters-weigh-marriage-equality-
10. Wikipedia, “2026 Virginia Repeal Same-Sex Marriage Ban Amendment” (2026-11-01). en.wikipedia.org/wiki/2026_Virginia_Repeal_Same-Sex_Marriage
11. WHRO / Radio IQ, “In November, Virginians may vote to protect same-sex divorce along with same-sex marriage” (2026-07-14). whro.org/2026-07-14/in-november-virginians-may-vote-to-prote

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