Virginia Question 2 would remove the state Constitution’s existing prohibition on same-sex marriage, affirm that two adults may marry regardless of sex, gender, or race, and require legally valid marriages to be treated equally under law. Same-sex marriages are currently legally recognized under federal constitutional doctrine and federal law, but Virginia’s older constitutional text remains on the books. Voters therefore face a choice between merely deleting the obsolete prohibition on same-sex marriage and affirmatively adding an equal-marriage guarantee designed to remain operative if federal doctrine changes later. A constitution should say what the law actually is, not preserve a prohibition courts no longer enforce. The remaining question is whether Virginia should simply remove the old ban or affirmatively guarantee equal marriage treatment for the future.
What marriage guarantee should Virginia’s Constitution contain?