A Woodbridge pastor wants a Prince William County judge to declare Virginia’s same-sex marriage amendment “invalid and of no effect” if voters pass it Nov. 3.
Ben Purves, pastor of community and member care at Occoquan Bible Church, filed the suit Oct. 22 in Prince William County Circuit Court, Decision magazine reported. The Founding Freedoms Law Center, a conservative legal group in Richmond, represents him.
The case won’t reach a judge before Election Day, FOX 5 DC reported.
The defendants include state election officials, House of Delegates Clerk G. Paul Nardo and Prince William County Circuit Court Clerk Jacqueline Smith, according to The Christian Post.
Question 2 asks voters whether to “remove the ban on same-sex marriage” and affirm that “two adults may marry regardless of sex, gender, or race,” according to the Virginia Department of Elections. Gayety broke down what it would change on Oct. 28.
The ban, the Marshall-Newman Amendment, passed with 57% of the vote in 2006, WSLS reported. The ban is unenforceable under federal court rulings, but the words are still there.
The Courthouse Posting Rule in Purves’ Complaint
Amendments need two General Assembly votes with a House of Delegates election in between. Purves’ suit relies on Virginia Code § 30-13, which told the House clerk to send copies of a pending amendment to every circuit court clerk for posting at the courthouse door at least three months before that election. The complaint says none of that happened before the Nov. 4, 2025, election.
“These steps exist to inform the voters before the pivotal House of Delegates election,” the complaint says.
Law center President Victoria Cobb said in a statement Monday: “If it’s now going to be changed, it needs to be done the right way, and that was not done.”
Josh Hetzler, the law center’s executive director, argued that the state must follow the required legal process when amending its constitution, WORLD reported.
Purves said in the law center’s announcement that the amendment “opens the door to greater threats to religious freedom.” He told Decision he’s “standing on behalf of many Virginians, especially pastors.” More than 400 pastors signed his letter against both this and the abortion-rights amendment.
Virginia law already protects religious organizations and clergy acting in a religious capacity who choose not to perform a marriage. The proposed amendment concerns civil marriage rights and does not direct clergy to conduct ceremonies.
Campbell County Judge Rejected the Same Claim Against Question 1
Bedford County Supervisor Charla Bansley made the same posting argument against the reproductive rights amendment. Judge John Cook dismissed her suit on July 14 in Campbell County Circuit Court, Cardinal News reported. Lawmakers had repealed the posting requirement earlier this year. Cook said that even before that, the rule was “directory” and not “mandatory.” He also ruled Bansley didn’t have standing.
“How can the General Assembly have this authority to prescribe a process but not have the authority to change that process?” Senior Assistant Attorney General Erin McNeil asked in that case, the Virginia Mercury reported.
Bansley’s lawyers at Liberty Counsel filed their opening brief with the Court of Appeals on Oct. 19, WSET reported. Founding Freedoms’ own case against that amendment has a Nov. 13 hearing.
In May, the Supreme Court of Virginia voted 4-3 to void the voter-approved redistricting amendment over a process violation, WSLS reported. Washington and Lee law professor Maureen Edobor told WSET all three amendments on this ballot appear to have followed the process. “There probably aren’t a lot of state constitutional amendments that are not challenged on a constitutional or statutory basis,” she said.
Marriage Equality Supporters Explain What Question 2 Would Change
Del. Kirk McPike of Alexandria co-chairs the Virginians for Marriage Equality campaign. “We like to say Virginia is for lovers, but we’re also for families, and that includes all families,” he told FOX 5.
Narissa Rahaman, executive director of Equality Virginia, sits on the committee of Virginians for Marriage Equality, the yes campaign. “We want Virginians to ensure that all Virginia families know that their state constitution respects their relationship,” she told WJLA in September.
Early in-person voting ends at 5 p.m. Saturday, Oct. 31, according to the Department of Elections. Election Day is Tuesday, Nov. 3.
