Why I Am Suing the State of Virginia

By

In the month of October, we called Pastors to be political. In Virginia, that has become a very timely message. As two amendments are on the ballot—one to protect every form of abortion as a constitutional right; the other redefines marriage, sex, and gender to follow LGBT ideology—more than 400 pastors have signed a letter calling their churches and Christians across the state to vote NO on Amendments 1 and 2. That letter was written by Ben Purves (Occoquan Bible Church).

Ben has also sued the state of Virginia, because the law was not obeyed in bringing these amendments to the voting public. As Virginia pastors stand to lose legal protections for refusing to marry a gay couple, this lawsuit challenging Amendment 2 is another example of how pastors can stand for truth in our day. In what follows, you have Ben’s explanation for why he is suing the state.

Take up and read and pray that God would overturn these amendments at the polls or in the courts. And while there is still time, tell your friends and family in Virginia to vote NO on Amendments 1 and 2.

 

The Founding Freedoms Law Center filed a lawsuit on my behalf this past week in the Prince William County Circuit Court to request that the marriage amendment on Virginia’s ballot be declared invalid and uncertifiable due to the General Assembly’s violation of Virginia Constitution Article XII, § 1 and Virginia Code § 30-13.

As a pastor it is my responsibility to preach and teach the Word of God and care for my church family here in Northern Virginia. In widening circles, I also have obligation to seek the good of my community, my state, and my nation. I am compelled by conscience and God’s Word to oppose this marriage amendment for multiple reasons. And in what follows here, I want to lay out five reasons why I am suing the state of Virginia.

1. The sanctity of marriage is a portrait of Christ and the church.

Holy matrimony is an institution that belongs to God. He has designed it to point to Christ and the church. Biblically defined, marriage has only one meaning, and it is the uniting of one man and one woman into a single, exclusive, life-long union.

God created marriage to be a covenant of steadfast love between a man and a woman. We observe the first marriage in the garden of Eden as God brought the first man and the first woman together (Genesis 2:18–25). We should walk in humility and receive the world God has made. Revising the dictionary or state laws cannot remake reality. It only leads men and women to walk in falsehood, which in turn invites God’s judgment.

Jesus affirmed the reality of the creation order when he taught on marriage. He says in Matthew 19:4–6, “Have you not read that he who created them from the beginning made them male and female, and said, ‘Therefore a man shall leave his father and his mother and hold fast to his wife, and the two shall become one flesh’? What therefore God has joined together, let not man separate.’” Therefore, to redefine marriage is to oppose the teachings of our Lord Jesus Christ.

The apostle Paul likewise affirmed the reality of the creation order. “‘Therefore a man shall leave his father and his mother and hold fast to his wife, and the two shall become one flesh.’ This mystery is profound, and I am saying that it refers to Christ and the church” (Eph 5:31–32). Paul instructs the church that the institution of marriage is designed to point to Christ and his bride. Marriage points us to the gospel of God, and we see this in its fullness at the conclusion of the Bible when we see the reunion of Christ with his bride at the end of Revelation. We must not deface marriage’s holy portrait of the gospel by amending the Virginia Constitution.

2. God has immutably created us as male and female.

God’s Word instructs us that our Creator has created each person as male or female (Gen 1:27). Gender is determined by God alone, and it is irrevocably tried to human biology. Every human is immutably male or female. This self-evident truth is embedded in our DNA, and no amount of self-definition can change objective reality.

To reject one’s God-given gender is to engage in a futile struggle against reality that only leads to harm. And the radius of damage only worsens as the lie of transgenderism is forced upon families, schools, sports teams, and countless other institutions. Transgenderism is disordered sexuality that separates one’s sense of self from one’s physical body. As embodied souls, we must not seek to divorce our souls from the reality of our bodies.

When we discuss transgenderism it is important to note that many seem to have great need for affirmation. This conversation is often a swirl of controversy accompanied with distress over whether or not one is affirmed by “preferred pronouns.” Policies often seek to wring “preferred pronouns” out of the mouths of those who dissent. As marriage has only one meaning, so also it is true for one’s sex. It is never loving for us to be dishonest with each other, and sex and gender must not be split into two constructs. Compassion requires truth. Salvation and peace is not found in fighting reality, but in the truth and the mercy of God. Our greatest need is the forgiveness of sins through the death and resurrection of our Lord Jesus Christ. New life is freely available to all who come to Jesus in repentance and faith.

Offering hope to those with gender dysphoria is found in the gospel of Jesus Christ, not in a deceptive law. Notice the language of the amendment language: “This Commonwealth and its political subdivisions shall recognize any lawful marriage between two adult persons and treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.” Accordingly, this amendment will introduce a legal distinction between sex and gender in the Virginia Constitution, which is to say it will be used to reinforce transgender ideology across Virginia.

As you can see, this amendment is not about marriage alone. It is a Trojan Horse to be welcomed by Virginia voters. We must consider the consequences of introducing this language and oppose the injection of transgenderism into the Virginia Constitution.

3. Religious liberty is founding freedom worth protecting.

Religious liberty is a God-given right and one of our founding freedoms. We must remember our history. Virginia paved the way for the Bill of Rights with the 1786 Act for Establishing Religious Freedom. This act also warns against civil interference in matters of religion:

“To suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on supposition of their ill tendency is dangerous fallacy which at once destroys all religious liberty because he being of course judge of that tendency will make his opinions the rule of judgment and approve or condemn the sentiments of others only as they shall square with or differ from his own.”

Instead of this, the state’s limits are articulated so they will not infringe on God-given natural rights. Taxes will not be charged to support an established church, church attendance will not be compelled, and all are free to believe and speak according to faith without punishment:

No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief, but that all men shall be free to profess, and by argument to maintain, their opinions in matters of Religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities.

The proposed marriage amendment is rightly understood as a threat to religious liberty. Why? Because an early version of the proposed amendment included language that would protect clergy from officiating certain wedding ceremonies. This conscience protection for clergy was then eliminated by the General Assembly. The removal of this language communicates a clear threat to the pastors and churches in the Commonwealth of Virginia. Some will argue this is false as sufficient conscience protections remain in Virginia law. Those who hold this view forget that the Virginia Constitution supersedes all state law. Given the General Assembly’s recent history of being astonishingly hostile toward Christianity, there is every reason to be alarmed about the elimination of clergy conscience protections in this proposed amendment.

As I write this, I thank God for the many Senators and Delegates who continue to stand for religious liberty in the General Assembly. You have my heartfelt gratitude and appreciation. But let us not forget our recent history.

In 2020, the General Assembly passed the Virginia Values Act which added sexual orientation and gender identity (SOGI) to the Virginia Human Rights Act. This threatened churches, schools, and other institutions with fines up to $100,000 for each offense if they refused to hire or removed members or staff because of their sexual orientation or gender identity, or if they barred participation in events or facilities. The consequence of this authoritarian measure would be the financial destruction of Christian institutions that persevere in holding biblical sexual ethics. By this act the progressive majority of the General Assembly showed their cards and demonstrated that they will seek to punish those who remain unconverted to the LGBTQ+ creed. Thankfully, this act was overturned in a court of law in 2024, thus defending Virginia religious organizations and allowing them to continue to operate according to faith without being fined out of existence.

Yet, that was not the only threat. Also in 2020, the General Assembly passed a ban on conversion therapy for minors. This meant that licensed Christian counselors would be punished for providing biblical counseling in application to any client that is under age 18. Counselors who speak biblical truth would be judged guilty of unprofessional conduct and face disciplinary action. This law was also challenged in court, and again the freedom of Christian Counselors was upheld.

These are just two examples of how Democrats in Virginia have sought to eliminate religious liberty for Christians.1 And coupled with the elimination of clergy conscience protections in this proposed amendment, it should alarm all Virginians. Instead of being a faithful guardian of our civil and religious liberties, it is to our shame that the General Assembly has become the greatest threat to religious liberty in the Commonwealth. We must remember sic semper tyrannis and stand for religious liberty all the more when threatened.

1. One more example would include Senator Pekarsky targeting Virginia’s religious exemption for homeschool families in SB1031. Thankfully, this measure did not move forward.

4. The General Assembly must adhere to the rule of law.

The General Assembly violated Article XII, § 1 of the Virginia Constitution and Virginia Code § 30-13. Whether willful by neglect, the posting requirement mandated by Virginia Code § 30-13 was not followed in the process required for amending the Virginia Constitution. Instead of bringing their actions into compliance to follow the law, the General Assembly doubled down and repealed the code that they had violated.

Earlier this year Virginia voters witnessed an unlawful attempt to gerrymander Virgina’s districts in ways that would disenfranchise a significant number of citizens, including those who had already voted. This debacle was marked by Louise Lucas, the President pro tempore of the Virginia Senate and her profane celebration of the 10-1 gerrymandered map.2 Though the redistricting narrowly passed in a special election on April 21, 2026, the redistricting effort was then voided as unlawful by the Virginia Supreme Court because the General Assembly did not follow the steps required by Article XII, Section 1 of the Constitution of Virginia. Justice D. Arthur Kelsey wrote that the “constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy.”

2. You can find the post on X, but it is too vulgar to link here.

The General Assembly should not be permitted to disregard Virginia laws that govern our legislative process. Even more alarming, every Virginian should be concerned about the integrity of the General Assembly following this past week’s arrest and indictment of Senator Louise Lucas on drug trafficking and racketeering charges. It also appears that the integrity of the General Assembly could be compromised as multiple unnamed legislators also appear be implicated. The body of evidence appears to be is damning and includes allegations of bribery to influence legislation. This casts a great shadow over the General Assembly.

In times of peace, citizens have reason to require the integrity of our legislature. Abiding by the rule of law should be the baseline for Virginia’s General Assembly. Yet, in times of rampant unrighteousness, we have all the more reason to call for redress. And this lawsuit aims to do just that.

5. The Virginia Constitution should maintain a witness to the truth.

The Virginia Constitution currently states in Section 15-A that “only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions.” Though this language is no longer in effect because of Obergefell v. Hodges, we must recognize that the U.S. Supreme Court will never possess the authority to overrule our Lord Jesus Christ. The current language in the Virginia Constitution is worth preserving because it testifies to the truth. Removing and replacing this language is a futile rejection of God’s created order and it serves to enshrine false concepts of marriage in the Virginia Constitution. This is not an option for those who know and love the truth.

Concluding Thoughts

This is a critical hour for Virginia. I did not aspire to be in the position I am in as the plaintiff on this case, but I believe entering this maelstrom is worthwhile for the sake of the truth. We must honor marriage (Heb 13:4) and its portrait of Christ and his bride. We must likewise stand against falsehoods that bring harm to those around us.

Unlike Martin Luther’s famous “Here I stand, I can do no other,” I do not stand alone. I am thankful to stand with my fellow church elders and more than 400 Virginia pastors who have signed an open letter to Virginia in opposition to amendments 1-2. Please read this letter at virginiapastors.org and vote no on amendments 1-2. I also urge you to set apart this Election Day, Tuesday, November 3, 2026 as a day of prayer and fasting for the Commonwealth of Virginia. Pray that the Lord would have mercy upon us.

†

ABOUT THE AUTHOR

Author

  • Ben is the Pastor of Community & Member Care at Occoquan Bible Church (Woodbridge, VA). He has a BA from Multnomah Bible College (Portland, OR), an MA from Capital Bible Seminary (Lanham, MD), and a DMin in Applied Theology from the Southern Baptist Theological Seminary (Louisville, KY) where he examined pastoral ministry during the Great Plague of London (1665–1666). The Lord has blessed Ben and his wife Ricki with three children. His hobbies include teaching his children to enjoy the wilderness, and reading church history.

    View all posts
Picture of Ben Purves

Ben Purves

Ben is the Pastor of Community & Member Care at Occoquan Bible Church (Woodbridge, VA). He has a BA from Multnomah Bible College (Portland, OR), an MA from Capital Bible Seminary (Lanham, MD), and a DMin in Applied Theology from the Southern Baptist Theological Seminary (Louisville, KY) where he examined pastoral ministry during the Great Plague of London (1665–1666). The Lord has blessed Ben and his wife Ricki with three children. His hobbies include teaching his children to enjoy the wilderness, and reading church history.