Virginia's Constitution: Who Proposes Amendments?

The Virginia Constitution has been amended several times since its inception in 1776. The process of proposing and enacting constitutional amendments in Virginia involves multiple steps and requires the involvement of both lawmakers and voters. Proposed amendments must be passed twice by the state legislature, with an intervening election between the two sessions. Following this, the amendments are put to a vote in a general election, and if approved by a majority of voters, they become part of the Constitution. In recent years, Virginia has seen proposed constitutional amendments on a range of issues, including abortion rights, voting rights, same-sex marriage, taxation, and redistricting.

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The Virginia Constitution has been amended 15 times since 2006

The legislative process requires a simple majority vote during two successive legislative sessions of the Virginia General Assembly, which is comprised of the Virginia State Senate and the Virginia House of Delegates. This amounts to a minimum of 51 votes in the House of Delegates and 21 votes in the State Senate, and does not require the governor's signature.

On the other hand, a constitutional convention can be called by a two-thirds vote of both Virginia houses. Any amendments proposed by this convention are then presented to the citizens of Virginia and become law upon approval by a majority vote.

The Virginia Constitution has undergone six major overhauls since its original enactment in 1776, in the years 1830, 1851, 1864, 1870, 1902, and 1971. These revisions were often influenced by periods of significant regional or social change in Virginia. For example, the 1902 constitution included provisions that disenfranchised African Americans, who made up a significant portion of the state's population at the time.

Some notable amendments to the Virginia Constitution since 2006 include the addition of a Victims' Rights Amendment in 1997, which was used to support a ruling that an alleged rape victim could not be compelled to undergo a psychiatric evaluation. In 2006, an amendment prohibiting same-sex marriage was approved by voters, but this was later overturned by Obergefell v. Hodges in 2015, legalizing same-sex marriage across the United States. Other amendments have addressed voting rights, hunting and fishing rights, and the reduction of the voting age to 18.

The 2020 proposed amendments included tax exemption for certain veterans

The Virginia Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It has been amended 15 times since 2006, with voters approving the latest amendment on November 5, 2024.

The process of amending the Virginia Constitution is outlined in Article XII, which is titled "Future Changes." For an amendment to be proposed, it must be agreed upon by a majority of all the members elected to each house of the General Assembly. The General Assembly then submits the proposed amendment to voters qualified to vote in elections. If a majority of those voting approve the amendment, it becomes part of the Constitution on a date prescribed by the General Assembly.

One of the proposed amendments for 2020 included a tax exemption for certain veterans. Specifically, it addressed a motor vehicle property tax exemption for disabled veterans. This amendment, known as Question 2, aimed to provide a tax exemption on real property, such as homesteads, for veterans with a 100% service-connected, permanent, and total disability. It also applied to the primary residence of these veterans.

The amendment was introduced as House Joint Resolution 676 on January 9, 2019, by Representative Eileen Filler-Corn, and it passed the House and state Senate with overwhelming support in 2019 and 2020. During the 2019 legislative session, it was reintroduced as House Joint Resolution 103 and approved by the Virginia House of Representatives and the Virginia State Senate in February and March 2020, respectively.

This 2020 proposed amendment built upon previous changes to the Virginia Constitution regarding tax exemptions for veterans. For example, in 2010, an amendment was ratified, providing a real estate tax exemption for certain disabled veterans and their surviving spouses. Additionally, in 2014, an amendment was ratified to include a real estate tax exemption for surviving spouses of soldiers killed in action, as determined by the U.S. Department of Defense.

The 2024 proposed amendment includes tax exemption for spouses of deceased soldiers

The US state of Virginia has a long history of amending its constitution, with six major overhauls since 1776 and 15 amendments since 2006. The process of amending the Virginia Constitution is outlined in Article XII, which requires amendments to be passed by a majority in both chambers of the state legislature over two consecutive legislative sessions.

The amendment was sponsored by State Sen. Jeremy McPike (D–Woodbridge) in the General Assembly and received widespread support from voters, with 93% of ballots cast in favour of the change. The ballot measure amended Article X, Section 6-A of the Virginia Constitution, which previously only provided tax exemptions for spouses of service members who were either 100% disabled or "killed in action". The amendment took effect on January 1, 2025, and expanded the eligibility for tax exemptions to include surviving spouses of service members who died "in the line of duty", as determined by the U.S. Department of Defense.

This amendment reflects Virginia's continued commitment to honouring and supporting the families of those who have served and sacrificed for their country. It ensures that surviving spouses of service members who died while serving their country, regardless of the specific circumstances, receive the recognition and assistance they deserve.

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The Virginia NOW chapter works to expand women's rights

The Virginia chapter of the National Organization for Women (NOW) is a non-profit feminist organization that works to expand women's rights. It does so by bringing women into full participation in society, where they share equal rights and live free from discrimination. Virginia NOW has chapters across the state that work in their local communities and cooperate at the state level to promote feminist values and a progressive vision for a prosperous, thriving, and robust future for women in Virginia.

Virginia NOW works to expand women's rights by raising awareness of feminist responses to women's issues through education of the public at large via various media platforms. They also strive to increase women's participation in Virginia politics and civil life through direct political work with feminist candidates, lobbying the state legislature, and collaborating with allied organizations across the social spectrum.

Virginia NOW's Political Action Committee (PAC) specifically focuses on expanding women's participation in politics and civil life. They work directly with feminist candidates, both male and female, running for office. This includes promoting feminist ideals, leading societal change to put more women in political posts, increasing educational, employment, and business opportunities for women, and enacting tougher laws against violence, harassment, and discrimination to achieve and protect equal rights for all women and girls in all aspects of life.

Virginia NOW has been effective in achieving greater legal and political equality for women in a politically conservative state. For example, Virginia became the 12th U.S. state and the first in the South to end child marriage. However, they recognize that the struggle for women's equality is ongoing, as discrimination based on sex and gender continues to limit women of all backgrounds. As such, Virginia NOW continues to advocate for and actively welcome individuals of all backgrounds to join their mission of empowering women and strengthening equality within the state.

The Virginia Constitution was first adopted in 1776

The Virginia Constitution was first adopted on June 29, 1776, by the Virginia Convention, establishing the powers of a governor, Council of State, and General Assembly independent of Great Britain. It was enacted at the time of the Declaration of Independence by the first thirteen states of the United States of America. Virginia was an early state to adopt its own constitution, and the document was widely influential both within the United States and abroad.

The drafting of the first Virginia Constitution began in early 1776, amidst the American colonies' break with Britain. George Mason and James Madison played central roles in shaping the document. Thomas Jefferson also submitted a draft from the Second Continental Congress in Philadelphia, but it arrived too late to be considered. Madison's involvement in Virginia's founding charter would later inform his work on the United States Constitution. Jefferson later criticized the final version, arguing it lacked sufficient structural checks and failed to secure a truly balanced republican government.

The 1776 Constitution preserved many aspects of colonial governance, drawing on Enlightenment philosophy, especially John Locke's theories of natural rights. The framers emphasized legislative supremacy and separation of powers, though in practice, most authority remained in the General Assembly. Both the executive and judiciary were appointed by the legislature, creating little institutional independence. Suffrage was limited to white male property owners, excluding most Virginians from political participation.

The 1776 Constitution was revolutionary in tone, but it also had significant limitations. While it advocated religious freedom, the Anglican Church remained Virginia's established religion, and dissenters had little protection. Notably, the Constitution was silent on slavery, effectively leaving the institution untouched. Despite these shortcomings, the 1776 Virginia Constitution significantly influenced other revolutionary governments and served as a blueprint for state-building.

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