Jonah Patel
The Constitution of Virginia has been amended several times since its first enactment in 1776. The state has seen six major overhauls of the constitution, in 1830, 1851, 1864, 1870, 1902, and 1971, with additional amendments passed by the General Assembly and approved by voters to conform to provisions in the U.S. Constitution and rulings from the U.S. Supreme Court. The process of amending the Virginia Constitution is known as the 'legislative referral' method, where amendments originate as resolutions in the General Assembly and must be approved by both legislative houses in two separate sessions before being put to a vote by the people. Notable amendments include the addition of hunting and fishing rights in 2001, a Victims' Rights Amendment in 1997, and the legalization of same-sex marriage in 2015.
| Characteristics | Values |
|---|---|
| Number of amendments since 2006 | 15 |
| Last amendment | November 5, 2024 |
| Amendment method | Legislative referral |
| Amendment process | Begins as a resolution in the General Assembly, approved by both legislative houses during two separate legislative sessions, then approved by a majority of voters |
| Number of votes required | 51 in the Virginia House of Delegates and 21 in the Virginia State Senate |
| Governor's signature required? | No |
| Governor's veto | Possible, but never happened |
| Notable amendments | Victims' Rights Amendment (1997), Same-sex marriage ban (2006, overturned in 2015), Budget amendment (1986), Lottery Proceeds Fund (1986), Hunting and fishing rights (2001), Reproductive freedom (2025) |
| Previous notable amendments | Jim Crow laws (late 19th century), Poll taxes and literacy tests (1901), Public funds for vouchers for white families and allowing school closures to avoid desegregation (1954) |
Explore related products
What You'll Learn
The legislative referral method
Virginia uses the "legislative referral" method as its sole means of amending the state Constitution. This means that any amendments must start as a resolution in the General Assembly. The legislative referral method is a multi-step process that involves both the General Assembly and the voters of Virginia.
The first step is for a resolution to be approved by a majority vote in both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference". The resolution must then be introduced again during the session immediately following a House of Delegates election and approved by both houses. This is called the "second resolution" or "second reference". For example, a resolution passed in 2021 must be passed again in 2022, as it is the session following the 2021 election where delegates were elected. This ensures that amendments can only be placed on the general election ballot in even-numbered years.
Once the resolution has been approved by both legislative houses in two separate sessions, it must then be approved by a majority of voters. This typically takes the form of a referendum, or ballot question, that appears on the ballot during the next November general election. It is important to note that amendments do not require the governor's signature to be referred to the ballot. However, since this is considered a "normal" bill, the governor has the power to approve or potentially veto the referendum bill.
Since 1971, the General Assembly has passed several amendments to conform to the U.S. Constitution, Supreme Court rulings, and Congressional statutes. These amendments have included reducing the voting age to 18, removing voting residency requirements, and guaranteeing the right to hunt, fish, and harvest game. The most recent amendment approved by Virginia voters was on November 5, 2024, demonstrating the ongoing evolution of the state's Constitution.
Amendments Protecting Non-Citizens' Rights: An Overview
You may want to see also
The General Assembly
Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. This is referred to as the "legislative referral" method. The Governor does not need to sign off on the amendment for it to be referred to the ballot, but they must approve a referendum bill.
Founding Fathers: Why Amend the Constitution?
You may want to see also
Voting rights
In the late 19th century, white Democrats regained power in state legislatures across the South, including Virginia. They passed Jim Crow laws that established racial segregation in public facilities and restricted the lives of Black Americans. Beginning in Mississippi in 1890, Southern legislatures began to ratify new constitutions, amendments, and electoral laws that disenfranchised African American voters. These measures, such as poll taxes, literacy tests, and residential requirements, passed Supreme Court review but effectively blocked Black Americans from voting.
Virginia's 1901 constitutional convention focused on restricting Black voting rights without violating the Fifteenth Amendment to the United States Constitution or disenfranchising poor whites. Led by future Senator Carter Glass, the convention created requirements for voters to pay poll taxes or pass a literacy test administered by white registrars. Veterans and sons of veterans, who were virtually all white, were exempt. As a result, the Virginia electorate was reduced by nearly half, and voter turnout did not return to 1900 levels until 1952, within a population that had nearly doubled.
During the Reconstruction era following the Civil War, Congress required former Confederate states, including Virginia, to institute new constitutions that protected the rights of all citizens. The 1867-68 convention included 24 Black men and drafted a document that included a Bill of Rights for all and free public education. Voters approved this constitution by referendum, and it took effect in 1870. However, this progress was later undermined by the segregationist movement in the late 19th and early 20th centuries.
In the mid-20th century, the civil rights movement spurred nationwide constitutional reform, including in Virginia. The current Virginia Constitution, which took effect in 1971, was approved by Virginia voters in 1970 and includes significant expansions of voting rights. The voting age was reduced to 18, residency requirements were removed, and voter registration was simplified. This constitution has been amended multiple times since then to further conform to federal laws and rulings, including the legalization of same-sex marriage and the protection of reproductive freedom.
Founders' Vision: Constitution's Amendment Process
You may want to see also
Explore related products
Marriage laws
Background
Virginia's constitution previously included an amendment, known as the Marshall-Newman Amendment, from 2006, which defined marriage as between "one man and one woman". This amendment was deemed unenforceable after the U.S. Supreme Court's 2015 Obergefell decision, which held that the Fourteenth Amendment requires states to license and recognise same-sex marriages. Despite this, same-sex marriage remained technically prohibited in the state constitution.
Recent Developments
In 2024, Delegate Tim Anderson, a Republican, introduced a resolution to repeal the same-sex marriage ban, acknowledging that it conflicted with Supreme Court rulings. This resolution passed the Senate in February 2023 by a vote of 25-14. Ahead of the 2024 legislative session, Senators Ebbin and Sickles filed another constitutional amendment, which passed the House in January 2025 by a vote of 58-35 and the Senate by a vote of 24-15. This amendment sought to add the following to the Virginia Constitution:
> "That marriage is one of the vital personal rights essential to the orderly pursuit of happiness. This Commonwealth and its political subdivisions shall not deny the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. 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."
Additionally, in January 2025, the Virginia House of Delegates advanced a proposed constitutional amendment that included marriage equality, which passed with bipartisan support. This amendment must pass both chambers again in 2026 before appearing on statewide ballots, potentially in the same year.
Impact on Veterans' Benefits
The recognition of same-sex marriages in Virginia has had implications for veterans' benefits. The Department of Veterans Affairs (VA) now recognises all same-sex marriages, regardless of the veteran's state of residence. VA benefits that depend on marital status, such as those for a "spouse" or "surviving spouse," are now accessible to veterans in same-sex marriages. The VA generally accepts a claimant's statement of marriage as sufficient evidence, following the same procedures for both opposite-sex and same-sex marriages.
Amending the Constitution: Founding Fathers' Vision
You may want to see also
Hunting and fishing rights
Virginia's Constitution, which came into effect on July 1, 1971, guarantees the right of the people to hunt, fish, and harvest game. The relevant section reads:
> The right of the people to hunt, fish, and harvest game shall be preserved for the citizens of the Commonwealth and shall be managed, protected, conserved, and enhanced by all agencies of the Commonwealth as a valuable part of the Commonwealth's heritage.
Vermont was the first state to constitutionalize the right to hunt and fish in 1777. Alabama followed in 1996 with what was called the "sportsman's bill of rights." As of November 2024, 24 states had constitutional amendments proclaiming a right to hunt and fish. Voters in 23 states have approved ballot measures providing for these rights since 1996, with the first vote in Alabama. Utah became the 23rd state to enact a right to hunt and fish amendment in 2020, and Florida's amendment will be included on the 2024 ballot for approval. California and Rhode Island also have language in their constitutions protecting the rights of their residents to fish.
Proponents of right-to-hunt and fish amendments argue that they protect against future threats to these rights that do not exist today. The National Rifle Association (NRA) has worked hard to secure these rights and continues to fight for them in all states. Opponents, such as Roland Gutierrez, argue that these amendments treat state constitutions like toys and prevent progressive reform.
The Fourth Amendment: Protecting Our Constitutional Rights
You may want to see also
Frequently asked questions
Amendments must begin as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters.
The Virginia Constitution has been amended 15 times since 2006. Some notable amendments include:
- The 1902 Constitution imposed racial segregation in public schools and restricted black voting rights.
- A 2001 amendment that established hunting and fishing as constitutional rights of Virginians.
- A 2006 amendment limiting marriage to "unions between one man and one woman", which was overturned in 2015.
- An amendment to protect reproductive freedom, which passed the General Assembly in 2025.
A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate. The Governor must also approve the referendum bill.
