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Senate committee approves marriage-equality amendment 10-4 after testimony on religious-exemption questions
Summary
The committee voted 10-4 to report SJ3, a proposed amendment to remove the Marshall-Newman ban and enshrine an affirmative right to marry regardless of gender; supporters emphasized equality and families, while opponents raised concerns about conscience clauses and religious freedom.
A sponsor introduced SJ3 to remove the existing constitutional ban and replace it with an affirmative right for two consenting adults to marry regardless of gender or race. The sponsor framed the amendment as correcting a 20-year-old constitutional stain and keeping state law aligned with federal precedent.
Supporters included Equality Virginia, Progress Virginia, the ACLU and residents who said the amendment affirms families and offers legal predictability. "It's about turning to our LGBTQ friends and neighbors and letting them know that they deserve the same freedoms no matter what happens at the Supreme Court," said an Equality Virginia representative.
Opponents including the Virginia Catholic Conference and Family Foundation urged retention of current constitutional language and raised the absence of an explicit conscience clause protecting religious actors from having to participate in government actions, arguing the amendment lacked language they wanted inserted.
Committee discussion addressed whether the amendment applies only to government actions (the patron said it does) and whether religious exemptions are preserved by existing First Amendment protections and code. After debate the committee voted to report SJ3, 10 in favor and 4 opposed.
What happens next: SJ3 will be considered by the full Senate; if both chambers approve the amendment it will be placed on a statewide referendum.
