Same-sex marriage is fully legal in Virginia. Any same-sex couple can apply for a marriage license at any circuit court clerk’s office in the Commonwealth, with the same requirements, the same $30 fee, and the same legal effect as any other marriage. Virginia gay marriage is protected by two independent layers of law: the 2015 U.S. Supreme Court decision in Obergefell v. Hodges, and a 2024 Virginia statute that writes the right directly into state code.
The Legal Protections Behind Your Marriage
For nearly a decade, marriage equality in Virginia rested on court decisions alone. That changed in 2024, when the General Assembly passed House Bill 174 and Governor Youngkin signed it into law effective July 1, 2024.1Virginia General Assembly. HB174 – 2024 Regular Session The new statute, § 20-13.2, prohibits any clerk from denying a marriage license based on the sex, gender, or race of the parties, and requires Virginia to recognize all lawful marriages regardless of those characteristics.2Virginia Code Commission. Code of Virginia 20-13.2 – Marriage Lawful Regardless of Sex, Gender, or Race of Parties
On top of that, the federal Respect for Marriage Act, signed in December 2022, requires every state to give full faith and credit to marriages lawfully performed anywhere in the country, and specifically bars denial of recognition based on sex, race, ethnicity, or national origin.3Congress.gov. H.R.8404 – Respect for Marriage Act The practical result: even if Obergefell were ever revisited, Virginia law would independently protect marriages performed in the Commonwealth, and federal law would still require Virginia to recognize those performed elsewhere.
The 2024 statute includes a religious exemption. Clergy and religious organizations may decline to perform any marriage ceremony without legal consequence.2Virginia Code Commission. Code of Virginia 20-13.2 – Marriage Lawful Regardless of Sex, Gender, or Race of Parties
Who Can Marry in Virginia
Both parties must be at least 18.4Virginia Code Commission. Code of Virginia 20-48 – Minimum Age of Marriage The only exception is a minor emancipated by court order, who must present a certified copy of the emancipation order at the time of application. Parties cannot be more closely related than first cousins, and neither person can already be married to someone else.
Virginia does not recognize common law marriage. No matter how long you’ve lived together, you need a license and a ceremony to be legally married here. The one exception: if you validly established a common law marriage in a state that recognizes them before moving to Virginia, the Commonwealth will honor it.
How to Get a Marriage License
Both parties must appear together, in person, at any Virginia circuit court clerk’s office. There is no residency requirement, so you can apply in whichever county or city is most convenient.5Prince William County. Circuit Court Clerk’s Office – Marriage The clerk or deputy clerk of the circuit court issues the license.6Virginia Code Commission. Code of Virginia 20-14 – By Whom License to Be Issued
Bring with you:
- A valid, unexpired government-issued photo ID — a driver’s license, U.S. passport, or military ID.7City of Charlottesville. Marriage License Information
- Your Social Security number, or a Virginia DMV control number if you don’t have one. You provide this under oath.8Virginia Code Commission. Code of Virginia 32.1-267 – Records of Marriages
- Full legal names, dates and places of birth, and both parents’ full names including maiden names.7City of Charlottesville. Marriage License Information
- Details of any prior marriages and how each ended, including the date and location of a divorce or death of a former spouse.
Make sure the information you give the clerk matches your ID exactly. Mismatches between application, ID, and birth certificate are the most common cause of delays.
The license costs $30.9Montgomery County Virginia. Marriage Licenses Cash is accepted everywhere; cards and checks are accepted at many offices, sometimes with a small processing fee.
There is no waiting period and no blood test. Once the clerk verifies your information and administers the oath, you walk out with the license and can hold the ceremony that same day if you want.5Prince William County. Circuit Court Clerk’s Office – Marriage The license is valid for 60 days. If the ceremony doesn’t happen within that window, the license expires and you’ll need to reapply and pay the fee again.10Virginia Code Commission. Code of Virginia Title 20 Chapter 2 – Marriage Generally
Who Can Officiate
Virginia recognizes three categories of officiant:
- Ordained ministers in active standing with their denomination, after applying to a Virginia circuit court for authorization.11Virginia Code Commission. Code of Virginia 20-23 – Order Authorizing Ministers to Perform Marriages
- Civil celebrants. Any Virginia resident can petition a circuit court judge for authorization. A $500 bond is required, though a judge can waive it for financial hardship. Some courts also allow one-time authorization for a specific ceremony.12Virginia Code Commission. Code of Virginia 20-25 – Persons Other Than Ministers Who May Perform Rites
- Judges of the circuit court, general district court, juvenile and domestic relations court, and the Court of Appeals.
If you want a friend or family member to officiate, factor the celebrant petition into your timeline. Processing isn’t instantaneous — Fairfax County, for example, estimates 10 to 14 business days.13Fairfax County, Virginia. Celebrant Information
No clergy member or religious organization is obligated to perform your ceremony. If a particular officiant declines, you choose someone else.
After the Ceremony
The officiant completes and signs both copies of the marriage certificate and returns them to the issuing clerk’s office within five days of the ceremony.14Smyth County. Wedding Officiant If your officiant is a friend serving in that role for the first time, make sure they understand this deadline. The marriage isn’t fully recorded until those certificates come back.
Once the clerk processes them, you can request certified copies of your marriage certificate. Fees vary by courthouse. You’ll need a certified copy (not a photocopy) for anything that follows.
If either spouse is changing their name, do it in this order:
- Social Security Administration first. Bring your certified marriage certificate and a valid photo ID to a local SSA office or apply online if eligible, using Form SS-5. New cards usually arrive in seven to ten business days.
- Virginia DMV next, to update your driver’s license, using your new Social Security card and the certified marriage certificate.
- Passport, through the standard renewal process with the marriage certificate as proof.
Once your new Social Security card and driver’s license are in hand, update bank accounts, insurance policies, and employer records.
If You Were Married in Another State
Virginia recognizes your out-of-state or out-of-country marriage automatically. You don’t need to remarry or file anything. The recognition rests on both § 20-13.22Virginia Code Commission. Code of Virginia 20-13.2 – Marriage Lawful Regardless of Sex, Gender, or Race of Parties and the federal Respect for Marriage Act,3Congress.gov. H.R.8404 – Respect for Marriage Act and it extends to every practical consequence of marriage: tax filing, inheritance, insurance, hospital decision-making, and anything else that turns on marital status.
Your Rights as a Married Couple
A marriage in Virginia gives a same-sex couple the identical legal rights that any other married couple has. The ones that come up most often:
- Joint state tax filing, and identical federal tax treatment.
- Recognition as next of kin for medical decision-making if one spouse becomes incapacitated.
- The right to hold real and personal property as tenants by the entirety, which shields jointly owned property from one spouse’s individual creditors.15Virginia Code Commission. Code of Virginia 55.1-136 – Tenants by the Entirety in Real and Personal Property
- Statutory inheritance rights, including an elective share of the deceased spouse’s estate even if the will provides otherwise.
- Equal treatment under employer-sponsored health plans, which federal law requires for same-sex spouses.
Tenancy by the entirety is worth a closer look if you’re buying a home or opening joint accounts. Unlike ordinary joint tenancy, property held this way cannot be seized to satisfy a debt belonging to only one spouse. The protection covers both real estate and personal property, but the ownership has to be specifically designated as “tenants by the entirety” on the deed or account.15Virginia Code Commission. Code of Virginia 55.1-136 – Tenants by the Entirety in Real and Personal Property Ask the title company or bank to set it up that way at the time of purchase or account opening.