Same-sex marriage in Virginia would be banned without Obergefell
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Virginia is one of 32 states where same-sex marriage would immediately be banned if the Supreme Court overturned the federal ruling that legalized it a decade ago.
Why it matters: The state is in the middle of a multiyear process to repeal its own ban through a constitutional amendment. If passed, it would cement marriage equality in Virginia regardless of future Supreme Court decisions.
The big picture: Obergefell v. Hodges, the federal ruling that makes Virginia's constitutional ban unenforceable, marked its 10-year anniversary Thursday. But access to marriage equality faces increasing opposition.
- Republican lawmakers nationwide have pursued measures urging the Supreme Court to reverse the Obergefell decision.
- After overturning Roe v. Wade, Supreme Court Justice Clarence Thomas said the court should reconsider its opinions protecting same-sex marriage.
- And while most Americans support marriage equality, per a recent Gallup poll, Republican support dropped to the lowest levels since 2016.
Zoom in: Virginia Democrats, and some Republicans, pushed through the first resolution to remove the constitutional ban in the 2025 session, nearly 20 years after voters approved it.
- But the resolution needs to pass the legislature again next year before Virginians can vote on it in 2026.
What we're watching: That might depend on whether Democrats keep their two-seat majority in the House in November, since Republicans repeatedly blocked similar efforts when they controlled the House.