Same-sex marriage has been legally recognized in Virginia since October 6, 2014, following a decision by the Supreme Court of the United States to refuse to hear an appeal of the Fourth Circuit Court of Appeals in the case Bostic v. Schaefer. Marriages of same-sex couples subsequently began at 1:00 PM on October 6 after the Circuit Court issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state marriages of same-sex couples.
State recognition had been prohibited by statute in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved a constitutional amendment reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judged ruled in Bostic v. Schaefer that Virginia's statutory and constitutional ban on state recognition of same-sex marriages is unconstitutional.
Same-sex marriage is supported by both of the state's U.S Senators, Democrats Mark Warner and Tim Kaine.
In August 1975, the Code of Virginia was amended to prohibit marriage between persons of the same sex.
On February 4, 1997, the Virginia State Senate, by a 37-3 vote, approved of a bill banning recognition of same-sex marriages from other jurisdictions and "any contractual rights created by such marriage". On February 19, the Virginia House of Delegates, by a 81-8 vote, approved the bill. On March 15, Governor George Allen signed the legislation, which took effect on July 1.
On March 10, 2004, the State Senate, by a 28-10 vote, approved a bill prohibiting civil unions or similar arrangements between members of the same sex, including arrangements created by private contract. On March 11, the House of Delegates, by a 77-21 vote, approved the bill. On April 15, the House of Delegates received the Governor's recommendations on the bill. On April 21, the House of Delegates rejected the Governor's recommendations by a vote of 35-65 and by a 69-30 vote approved a bill prohibiting civil unions or similar arrangements between members of the same sex, including arrangements created by private contract without the Governor's recommendations. That same day, the State Senate, by a 27-12 vote, approved the bill. The bill became law without the Governor's signature and went into effect on July 1.