On February 6, 2026, newly-elected Governor Abigail Spanberger signed four bills to place constitutional amendments on Virginia’s ballot this November. Two of the proposed amendments would protect reproductive rights and same-sex marriage. The other two would restore voting rights to former incarcerated individuals and change the state’s redistricting process. Together, these measures center on one core issue: equality under the law.
In a recent press release, Governor Spanberger emphasized in a press release that “everyone deserves the freedom to marry who they love” and that Virginian women “deserve the freedom to make their own reproductive healthcare decisions without politicians dictating their choices.” By sending these measures to voters, she has made clear that Virginians, not politicians, will help determine the future of these rights in the Commonwealth.
Virginia has played a historic role in the fight for marriage equality. In Loving v. Virginia, the Supreme Court ruled that the states could not ban interracial marriage. At the same time, 16 states, including Virginia still enforced anti-miscegenation laws. Decades later, Virginia again stood on the wrong side of history. The state banned same-sex marriage in 2006, and that ban remained in place until the Supreme Court’s decision in Obergefell v. Hodges legalized same-sex marriage nationwide.
Today, some legal scholars have suggested that the Court could revisit that precedent. In a concurring opinion following the 2022 Dobbs decision, Justice Clarence Thomas signaled interest in reconsidering cases involving same-sex marriage. If federal protections were overturned, many states could move quickly to restrict or ban these marriages. That possibility has increased urgency around protecting marriage equality at the state level.
At the same time, Virginians will vote on whether to enshrine reproductive freedom in the state constitution. If approved, the amendment would protect access to contraception, fertility treatments, abortion care, and medication used to manage miscarriages.
Before Dobbs overturned Roe v. Wade, Virginia had already taken steps to expand abortion access. In 2021, the state removed a prohibition on insurance coverage of abortion through state exchange. However, abortion in Virginia is still generally restricted after fetal viability, with limited exceptions. State law also requires parental consent for minors and allows providers to decline care under a conscience clause. While abortion remains legal in Virginia, it is not explicitly protected in the state constitution. Without constitutional protection, future legislatures could impose additional restrictions.
As states across the country debate the future of reproductive rights and marriage equality, Virginia voters now have the opportunity to act. Rather than relying solely on federal protections, the Commonwealth can choose to enshrine these rights in its own constitution. This November’s ballot will determine whether Virginians secure these freedoms for generations to come.
