Chesterfield Couple Backs Constitutional Amendment to Protect Same-Sex Marriage
TL;DR: Chesterfield County residents Rachel Leyco and Jenn Jackson are advocating for a Virginia constitutional amendment to protect same-sex marriage, drawing on their own legal struggles in adopting their biological children.
Quick facts
- Who: Rachel Leyco and Jenn Jackson, Chesterfield County residents
- What: Advocacy for Virginia constitutional amendment to repeal same-sex marriage ban and affirm marriage equality
- When: Amendment on November 3, 2026 ballot
- Where: Chesterfield County, Virginia
The story
Rachel Leyco and Jenn Jackson of Chesterfield County are lending their personal story to Virginia's push to constitutionally protect same-sex marriage. The couple met in 2009, three years after Virginia voters approved a constitutional ban on same-sex marriage. Their 2010 wedding ceremony at Richmond's Forest Hill Park, held in front of family, carried no legal weight under state law. They later held another ceremony in Vermont in 2011.
The couple decided to start a family using Leyco's eggs with donor sperm for Jackson to carry. Their first son, Eli, was born in 2013 after they endured miscarriages. Because same-sex marriage was not legally recognized in Virginia at the time, lawyers advised the couple to have the birth occur in Washington, D.C., so both could be listed on the birth certificate. Even with that precaution, Leyco still had to legally adopt her own biological son to be formally recognized as his parent. The couple has two sons, now ages 11 and 13.
According to Leyco, when she tells people she had to adopt her biological children, they respond with disbelief. Her story illustrates the legal complications that same-sex couples faced under Virginia law, even as federal same-sex marriage protections were in place.
On November 3, 2026, Virginia voters will decide whether to amend the state constitution to remove the ban on same-sex marriage and affirm that two adults may marry regardless of sex, gender, or race. The amendment would require the state to recognize all legally valid marriages equally under law. While Virginia already recognizes same-sex marriage through statute (the statutory ban was repealed in 2020 and protections were affirmed in 2024), this would provide constitutional protection. If approved, Virginia would become the fifth state to repeal a constitutional same-sex marriage ban, following Nevada in 2020 and California, Colorado, and Hawaii in 2024.
Key players
- Rachel Leyco: Chesterfield County resident advocating for same-sex marriage amendment
- Jenn Jackson: Chesterfield County resident and Rachel's wife advocating for same-sex marriage amendment
Key dates
- 2026-11-03: Virginia general election; voters decide on constitutional amendment to protect same-sex marriage (Question 2)
- 2026-10-31: Last day of early voting for November general election
The case for
Constitutional protection would guarantee same-sex marriage rights cannot be undone by future legislatures, providing the same security straight couples enjoy, and would affirm equal treatment under law regardless of the sex, gender, or race of spouses.
The case against
Some argue the statutory recognition already in place is sufficient protection without constitutional amendment, and that the issue should remain subject to legislative reconsideration as values and circumstances evolve.
Why it matters: For Chesterfield County families like Leyco and Jackson's, constitutional protection would eliminate the legal vulnerabilities that currently require same-sex couples to navigate complex adoption and birth certificate procedures to secure parental rights. The amendment represents whether Virginia chooses to enshrine marriage equality in its founding document rather than relying on statute that could theoretically be changed.
Places
- Chesterfield County
- Richmond (Forest Hill Park)+Chesterfield+VA)
Development timeline
- 2006Virginia voters approve constitutional ban on same-sex marriage: Amendment passes that limits marriage to one man and one woman [source])
- 2009Rachel Leyco and Jenn Jackson meet: Three years after Virginia's constitutional ban on same-sex marriage [source]
- 2010Leyco and Jackson hold wedding ceremony: Non-legally-binding ceremony at Richmond's Forest Hill Park [source]
- 2011Second wedding ceremony in Vermont: Couple marries in state where same-sex marriage was legal [source]
- 2013Leyco and Jackson's first son born: Birth in Washington, D.C.; Leyco later adopts her biological son to be legally recognized as parent [source]
- 2020Virginia repeals statutory ban on same-sex marriage: State law changed to recognize same-sex marriage, though constitutional ban remained [source])
- 2024Virginia codifies same-sex marriage protections: Protections affirmed in state statute [source])
- 2026-10-08Virginia Mercury publishes Leyco and Jackson's story: Couple featured in article about constitutional amendment effort [source]
- 2026-11-03Virginia voters decide on same-sex marriage constitutional amendment: Question 2 on general election ballot asks voters whether to repeal constitutional ban and affirm marriage equality [source])
Related links
- Virginia Mercury: Constitutional amendment that could safeguard same-sex marriage
- Ballotpedia: Virginia Remove Constitutional Same-Sex Marriage Ban Amendment (2026))
- Equality Virginia
- Virginia 2026 ballot measures - Wikipedia
Read the original at Virginia Mercury →
Sources
- Virginia Mercury: Constitutional: The amendment that could safeguard same-sex marriage in Virginia
- Ballotpedia: Virginia Remove Constitutional Same-Sex Marriage Ban Amendment (2026))
- Wikipedia: 2026 Virginia Repeal Same-Sex Marriage Ban Amendment