Isabella Carter
Virginia's House of Delegates has advanced a series of proposed constitutional amendments that could enshrine voting rights, reproductive rights, and marriage equality into the state's constitution. The Senate has also moved forward with its versions of the measures, continuing the debate in both chambers. The proposed amendments include protecting abortion access, restoring rights to individuals who have completed prison sentences for felony convictions, and legalising same-sex marriage. While Democrats have championed these amendments, Republicans have offered criticism and proposed alternatives, such as an amendment requiring parental consent for abortions.
| Characteristics | Values |
|---|---|
| Date of proposal | 2025-01-14 |
| Proposing body | Virginia House of Delegates |
| Voting date | 2026 |
| Amendment topics | Voting rights, reproductive rights, marriage equality |
| Amendment details | Enshrine voting rights, reproductive rights, and marriage equality into the state Constitution |
| Response from Republicans | Criticism, labelling language as "broad" and "extreme" |
| Response from Democrats | Support |
| Previous attempts | Marriage equality amendment passed House in 2021 but was defeated in 2022 |
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What You'll Learn
Voting rights for convicted felons
The proposed amendment aims to restore voting rights to individuals who have completed their prison sentences for felony convictions. This would address a longstanding issue in Virginia's legal system regarding the restoration of rights for convicted felons. The amendment has passed the Democrat-controlled House of Delegates, with bipartisan support, and will now move to the Senate. If it passes in the Senate, it will then need to be passed again in both chambers following the next election before appearing on statewide ballots in 2026.
The amendment has been championed by Democrats, while facing opposition from Republicans. Some Republicans in the House supported the amendment on voting rights, but not on abortion or marriage equality, which are also part of the proposed constitutional changes. The current governor, Republican Glenn Youngkin, has declined to discuss his positions on the amendments, although he has previously proposed abortion restrictions and defended the governor's power to restore rights.
The restoration of voting rights for convicted felons is a significant step towards ensuring that individuals who have served their sentences are able to fully reintegrate into society and participate in the democratic process. It remains to be seen whether the amendment will gain the necessary support to become enshrined in Virginia's constitution.
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Abortion access
In response to sweeping bans and restrictions in neighbouring states, Virginia Democrats are pushing to enshrine abortion access and other reproductive healthcare protections into the state Constitution. The proposed amendment reads:
> "Every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care."
The amendment was introduced and passed the General Assembly in January 2025, and will pass a final time in January 2026 to go on the ballot that fall. If passed, this amendment would protect these rights, no matter which party or politicians are in office.
Reproductive rights advocates have focused on what they say is the amendment's straightforward goal of preserving access to abortion. They argue that the measure is essential to safeguarding personal freedoms amid shifting national politics.
However, Republicans have fiercely criticized the proposal, labelling its language as overly "broad" and "extreme". They have also warned that it could pave the way for abortions up to the "moment of birth", a claim that Democrats reject as a misrepresentation of the bill's intent.
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Marriage equality
Virginia has had a long history of laws prohibiting same-sex marriage. In 1975, the state passed a statute banning same-sex marriage, with further restrictions added in 1997 and 2004. In 2005, the House of Delegates and the Virginia Senate voted in favour of the Marshall-Newman Amendment, which would ban same-sex marriage and any legal status for unmarried couples approximating marriage. This amendment was approved by voters in 2006 and took effect on January 1, 2007.
However, in recent years, there have been efforts to repeal the ban on same-sex marriage and enshrine marriage equality in Virginia's Constitution. On February 4, 2021, the Virginia House of Delegates voted to repeal the Marshall-Newman Amendment, and in 2022, Democratic lawmakers announced their intention to introduce a constitutional amendment to this effect. Despite this, the Republican-controlled House of Delegates rejected a proposed constitutional amendment to repeal the ban in 2022.
In January 2025, the Virginia Senate pushed forward with constitutional amendments, including measures to protect marriage equality. The House of Delegates approved a measure to repeal the state's ban on same-sex marriage, and the Senate agreed to the amendment by a vote of 24-15. The proposed amendment would remove the provision in the Virginia Constitution that defines marriage as only between one man and one woman, and would ensure the state issues marriage licenses and recognises marriages equally under the law, regardless of the sex or gender of the parties involved.
The amendment process requires approval from both chambers in two successive legislative sessions, followed by a statewide referendum. If successful, Virginia will join other states in proactively safeguarding marriage equality and protecting the rights of LGBTQ+ individuals to marry the person they love.
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Property tax exemption for veterans
The state of Virginia is considering a proposed constitutional amendment that would provide a property tax exemption for certain veterans and their surviving spouses. This amendment seeks to expand the existing tax exemption for spouses of military personnel who died while engaged in combat to include spouses of military personnel who died while performing their duty.
Currently, the Virginia Constitution mandates the taxation of all real estate properties. However, it also specifies particular types of real estate that may be exempt from taxation. The proposed amendment focuses on Section 6-A, which pertains to property tax exemptions.
The amendment aims to exempt certain veterans and their surviving spouses from property taxes. It specifically targets veterans who have been determined by the United States Department of Veterans Affairs to have a 100% service-connected, permanent, and total disability. This exemption applies to the veteran's principal place of residence, including joint real property with their spouse.
Additionally, the surviving spouse of a veteran who met the criteria for exemption will also be eligible for the property tax exemption. This applies to the spouse's principal place of residence, even if they relocate to a different primary residence. However, the exemption is contingent on the surviving spouse not remarrying.
By proposing this constitutional amendment, Virginia aims to provide financial relief to eligible veterans and their surviving spouses by exempting them from property taxes on their primary residences. This initiative recognizes the sacrifices made by those who have served the country and their families.
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Parental consent for abortions
In response to sweeping bans and restrictions in neighbouring states, Virginia Democrats are pushing to enshrine abortion access and other reproductive healthcare protections into the state Constitution. The proposed constitutional amendment aims to protect an individual's fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
The amendment has faced opposition from Republicans, who have criticised the proposal as having overly "broad" and "extreme" language. They have warned that it could pave the way for abortions up to the "moment of birth". Sen. Tara Durant (R-Fredericksburg) has proposed an amendment that would require parental consent for abortions. Currently, Virginia law allows minors to consent to medical care for "birth control, pregnancy, or family planning except for the purposes of sexual sterilization." Sen. Mark Obenshain (R-Rockingham) supported this proposal, stating, "You either believe in parental rights or you don't."
However, Sen. Jennifer Boysko (D-Fairfax), who sponsored the constitutional amendment, rebutted that her intent was to guarantee healthcare access. She acknowledged that there are instances where parental consent is not appropriate and that current laws already allow for exceptions. The amendment also has the support of Virginians For Reproductive Freedom (VRF), a coalition of state and national organisations representing healthcare providers, patient advocates, and reproductive justice workers. They believe that individuals should be able to make decisions regarding their reproductive healthcare without government interference and that no one should face criminal punishment for these decisions.
The proposed amendment is part of a multiyear amendment process and has passed the Democrat-controlled legislature in 2025. It will need to be passed again in 2026 after voters elect a new House of Delegates before heading to voters, potentially in 2026.
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Frequently asked questions
The proposed constitutional amendments in Virginia include enshrinement of voting rights, reproductive rights, and marriage equality into the state's constitution.
The proposed amendment regarding reproductive rights aims to protect an individual's fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
The proposed amendment regarding voting rights aims to automatically restore voting rights to individuals who have completed their prison sentences for felony convictions. Currently, the governor needs to individually grant voting rights to those who have been released from incarceration for felony convictions.
The proposed amendment regarding marriage equality aims to erase the state's constitutional ban on same-sex marriage, which voters approved in 2006.
The proposed amendments have generally been supported by Democrats and opposed by Republicans. While some Republicans in the House supported the amendments on voting rights and marriage equality, they have criticized the amendment on reproductive rights as being overly broad and extreme.
