Pastor files lawsuit challenging Virginia same-sex marriage ballot amendment

A pastor and a conservative legal group have filed a lawsuit in the Prince William County Circuit Court seeking to block a proposed amendment to the Virginia Constitution. The amendment, which is set to appear on the ballot for the November 3, 2026, election, would establish same-sex marriage as a constitutional right in the state. If passed, it would replace a current state constitutional ban that is already considered unenforceable.

Ben Purves, a pastor at Occoquan Bible Church, is the plaintiff in the case, represented by the Founding Freedoms Law Center. The lawsuit alleges that state officials failed to follow mandatory procedural requirements for ballot initiatives. Specifically, the complaint argues that the Clerk of the House of Delegates and circuit court clerks did not properly post and distribute copies of the proposed amendment three months prior to the 2025 general election, as required by Virginia Code § 30-13.

The legal challenge names several state and local election officials as defendants. The plaintiffs are asking the court to declare the amendment invalid, regardless of the outcome of the upcoming vote, due to these alleged procedural failures.