Committee advances measure to enshrine marriage equality in Virginia Constitution

The Senate Privileges and Elections Committee reported SJ249, a constitutional amendment that would affirm the right of two consenting adults to marry and remove language in the Virginia Constitution that limits marriage by sex.

Senator Adam Ebbin (referred to in transcript as the bill patron) said SJ249 “removes that stain” from the Constitution and acknowledged the U.S. Supreme Court and federal law already recognize same-sex marriage. Dozens of witnesses testified in favor, including municipal officials and advocacy groups. Narissa Rahman of Equality Virginia said codifying marriage equality would “provide permanent legal protections” and let Virginians “safeguard marriage.” Several speakers described personal experiences of not having legal recognition before national and state changes.

Opponents also testified, many from religious organizations. Jeff Caruso of the Virginia Catholic Conference urged senators to preserve what his group described as the original design of marriage. Some opponents sought an explicit religious exemption or said the amendment could have broader policy effects beyond marriage.

The committee debated conscience clauses and whether statutory protections for clergy and religious organizations are sufficient; the patron said existing Code of Virginia provisions and the First Amendment protect clergy and religious organizations. After discussion the committee voted 10–4 to report SJ249.

Because SJ249 is a proposed constitutional amendment, it would require continued legislative approval and a statewide voter referendum before any change becomes part of the Constitution of Virginia.