HJR3 is the second-session approval of a proposed amendment to Article I, Section 15-A of the Constitution of Virginia. It would repeal the existing text providing that only a union between one man and one woman may be a valid marriage in the Commonwealth. In its place, the amendment would declare that marriage is "one of the vital personal rights essential to the orderly pursuit of happiness," and would require the Commonwealth to recognize a marriage between two adult persons and treat such marriages equally under the law. Because this is the second consecutive-session approval required by Article XII, the amendment is to be submitted to the voters.

The Virginia Senate passed HJR3 on January 16, 2026 by a vote of 26 to 13. We have assigned pluses to the nays because the U.S. Supreme Court's decision in Obergefell v. Hodges recognizing "same-sex marriage" is egregiously illegitimate and unconstitutional. It mistakenly assumes that marriage, along with morality itself, can be determined exclusively, even frivolously, by the government. Yet, marriage, being coeval with mankind, is ordained by God—not civil authorities. Unlike homosexuality, which is contrary to the "Laws of Nature and of Nature's God," marriage is the most sacred of all human institutions. For more than two thousand years, it has been honored as a lifelong covenant between one man and one woman, whose one-flesh union serves as the foundation of the family. There is no right to "same-sex marriage" in the U.S. Constitution because there can be no appeal to "Life, Liberty and the pursuit of Happiness" apart from the moral sanctions set forth by our "Creator" who endows us with "certain unalienable Rights."