Virginia Legislature Advances Key LGBTQ Rights Bills in 2025 Session

The 2025 legislative session of the Virginia General Assembly concluded with significant progress for LGBTQ rights in the state. This session saw the passage of two pivotal bills aimed at expanding and protecting the rights of LGBTQ individuals. These bills are now awaiting action from Republican Governor Glenn Youngkin.

Expanding the Definition of Marriage

The first piece of legislation, known as SJ 249 or the Constitutional Amendment; Marriage between Two Adult Persons, seeks to amend Virginia’s definition of marriage. This bill proposes changing the current definition from “a union between one man and one woman” to “a union between two adult persons.” This change is intended to reflect the landmark 2015 U.S. Supreme Court decision in Obergefell v. Hodges, which recognized marriage rights for same-sex couples nationwide.

By enacting this amendment, Virginia would not only align its laws with the federal ruling but also secure marriage rights for same-sex couples within the state. The amendment would ensure that these rights remain protected unless another constitutional amendment or legislative act, approved by a majority of state lawmakers, alters the status quo.

Importantly, this legislative change would afford same-sex couples the same legal rights as heterosexual couples within Virginia. These rights include tax benefits, inheritance rights, and Social Security benefits. Moreover, even if Obergefell v. Hodges were to be overturned at the federal level, same-sex couples in Virginia would retain their legal rights under this state amendment.

For SJ 249 to become part of the Virginia Constitution, the amendment must pass the legislature again in 2026. If successful, it will then be put to a public referendum for final approval.

Strengthening Human Rights Protections

The second bill passed by the General Assembly is Senate Bill 1052, which aims to strengthen the Virginia Human Rights Act. Under the current law, employees are protected against discrimination, harassment, and retaliation based on various protected categories, including race, sex, religion, and more. However, these protections apply only to businesses with 15 or more employees, mirroring federal law.

Senate Bill 1052 addresses what has been termed the “small business exception” by extending human rights protections to employees of businesses with as few as five workers. This expansion ensures that all employees, regardless of the size of their employer, are afforded the same legal protections under the Virginia Human Rights Act.

By eliminating the small business exemption, the bill empowers employees of smaller businesses to report potential human rights violations and file complaints against their employers. This move holds all employers in the state, regardless of size, accountable for any misconduct and ensures that all workers have access to a safe and equitable workplace.

Governor Youngkin has until March 24 to review, amend, or sign these bills into law. The decision carries significant implications for LGBTQ rights and workplace protections in Virginia.

These legislative advancements mark a crucial step forward in the ongoing effort to secure equal rights and protections for the LGBTQ community. As the bills await Governor Youngkin’s decision, advocates and community members remain hopeful for a positive outcome that will affirm and protect the rights of all Virginians.