Pastor Sues to Block Virginia Marriage Amendment Repeal
A Northern Virginia pastor asks a court to invalidate the ballot measure even if voters approve it.
Updated on Nov. 3, 2026 in Law
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Pastor Ben Purves filed a lawsuit seeking to block a ballot measure that would repeal the Marshall-Newman Amendment, which voters approved in 2006. The complaint alleges state and local clerks failed to post copies of the proposed amendment at courthouses at least three months before the November 4, 2025 House of Delegates election.
Why it matters
The suit asks a court to invalidate the amendment even if Virginians approve it, raising procedural questions about how constitutional amendments reach voters. Supporters of the measure warned that if Obergefell is overturned while Marshall-Newman stands, thousands of Virginians could lose hospital visitation and inheritance protections.
The complaint cites a state requirement that amendment copies be posted three months before the House of Delegates election, and it asks the court to void the measure regardless of the vote outcome. Whether the alleged clerk failures meet that standard has not been decided.
The players
Ben Purves
Pastor of Occoquan Bible Church in Prince William County, Virginia, who organized opposition to the marriage amendment and a second abortion-rights ballot measure.
Founding Freedoms Law Center
A legal organization that filed the lawsuit on Purves's behalf seeking to block the ballot measure.
Virginians for Marriage Equality
An advocacy group that warned of hospital visitation and inheritance losses if Obergefell is overturned and the Marshall-Newman Amendment remains in place.
The details
Founding Freedoms Law Center filed the lawsuit on behalf of Purves, pastor of Occoquan Bible Church in Prince William County. The suit also objects to the removal of language stating clergy would not be required to perform same-sex marriages.
Timeline
2006: Virginia voters approved the Marshall-Newman Amendment.
2014: A federal court struck down the amendment as unconstitutional.
2015: The U.S. Supreme Court decided Obergefell v. Hodges.
November 4, 2025: House of Delegates election that clerks were required to precede with amendment postings.
November 3, 2026: Purves filed the lawsuit.
Legal Lineage
The Marshall-Newman Amendment was struck down by a federal court in 2014 before the U.S. Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges in 2015. This ballot repeal effort revisits a question that federal constitutional law has already resolved.
Virginia voters will decide the repeal measure on the ballot, but the lawsuit asks a court to void it regardless of the result. Until a ruling, the status of the marriage amendment and the vote remains uncertain for residents across the state.
The takeaway
Ballot measures can be challenged on procedural grounds even after voters weigh in, so the outcome of this suit may shape how future amendments are handled. Readers tracking Virginia's election rules should watch the court's ruling on the posting requirement.
Further reading
For related court actions, see more on Virginia Law.
Source note: This article includes information reported by Metro Weekly.
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