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Va. lawmakers approve two LGBTQ rights bills during 2025 legislative session

Measures await Republican Gov. Glenn Youngkin’s signature

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Virginia Capitol (Washington Blade photo by Michael Key)

The Virginia General Assembly’s 2025 legislative session ended on Saturday with two LGBTQ rights bills awaiting Republican Gov. Glenn Youngkin’s signature.

The first bill would amend the state’s definition of marriage to include members of the LGBTQ community. SJ 249, also known as the Constitutional Amendment; Marriage between Two Adult Persons, would change the state’s definition of marriage to “between two adult persons” rather than “a union between one man and one woman.”

This amendment would repeal the definition of marriage in Virginia, updating it to reflect the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, which extended marriage rights to same-sex couples across the country. This amendment would also enshrine marriage rights for same-sex couples in Virginia, ensuring that only another constitutional amendment or law that a majority of state lawmakers approve, can change it again.

Same-sex couples would have the same legal rights — tax breaks, inheritance rights, and Social Security benefits — in Virginia, even if Obergefell were to be overturned federally.  

For the amendment to take effect, it would need to pass the legislature again in 2026, then go to a referendum.

The second LGBTQ rights bill the General Assembly approved would amend the Virginia Human Rights Act.

Employees under the law, as it currently stands, do have protections against discrimination, harassment, and retaliation based on special protected categories that include race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, or disability to businesses with 15 or more employees, allowing complaints of violations to be reported to and investigated the state, copying the federal law.

Senate Bill 1052, also known as the Virginia Human Rights Act; Definition of ‘Employer,’ would eliminate what some have called a “small business exception” in existing law. The measure would extend human rights protections to employees of businesses with as few as five workers, ensuring they are covered under the Virginia Human Rights Act. It would also grant small business employees the right to file complaints against their employers for potential human rights violations, holding businesses legally accountable for any misconduct.

Youngkin has until March 24 to amend these bills. The governor cannot act on the proposed constitutional amendment.

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Virginia

Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities

Voters approved Marshall-Newman Amendment in 2006

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(Bigstock photo)

Democrats in the Virginia House of Delegates on Monday announced passage of a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman is among their 2026 legislative priorities.

State Del. Mark Sickles (D-Fairfax County) has introduced the resolution in the chamber. State Sen. Adam Ebbin (D-Alexandria) is the sponsor of an identical proposal in the state Senate.

Both men are gay.

Voters approved the Marshall-Newman Amendment in 2006.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again this year.

Two successive legislatures must approve the resolution before it can go to the ballot.

Democrats on Election Day increased their majority in the House of Delegates. Their three statewide candidates — Gov.-elect Abigail Spanberger, Lt. Gov.-elect Ghazala Hashmi, and Attorney General-elect Jay Jones — will take office in January.

“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said House Speaker Don Scott (D-Portsmouth) on Monday in a press release that announced his party’s legislative priorities. “These first bills honor that trust. Our agenda is focused on lowering costs, lifting wages, expanding opportunity, protecting Virginians rights, and ensuring fair representation as Donald Trump pushes Republican legislatures across the country to manipulate congressional maps for partisan gain. House Democrats are ready to meet this moment and deliver the progress Virginians expect.”

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Ghazala Hashmi names Equality Virginia executive director to transition team

Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.

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Virginia Lt. Gov.-elect Ghazala Hashmi (YouTube screenshot)

Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.

State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.

“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”

“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”

Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.

Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.

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Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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