Fairfax, VA – When Virginians head to the polls this November, they will vote not only for candidates seeking federal, state, and local office, but also on three proposed amendments to the Virginia Constitution. The measures address reproductive freedom, marriage rights, and voting rights for individuals with felony convictions.
Because constitutional amendments in Virginia must pass the General Assembly during two separate legislative sessions before appearing on the ballot, each proposal has already been approved by lawmakers and now awaits a statewide vote.
Proposal SB449/HB781, sponsored by Senator Jennifer Boysko (D-38) and Delegate Charniele Herring (D-4), would add a new section to the Virginia Constitution establishing a fundamental right to reproductive freedom. The amendment would protect an individual’s ability to make decisions regarding prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
The proposal states that the Commonwealth may not deny or substantially burden those rights unless doing so serves a compelling state interest through the least restrictive means. It would continue to allow the state to regulate abortions during the third trimester, while prohibiting restrictions when, in a physician’s professional judgment, an abortion is medically necessary to protect the life or physical or mental health of the pregnant individual or when the fetus is not viable.
Supporters say the amendment would provide constitutional protection for reproductive healthcare following the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which returned abortion regulation to the states. Opponents, including some Republican lawmakers and religious organizations, argue the amendment expands abortion protections beyond what they support and have urged voters to reject it.
Proposal SB311/HB612, sponsored by Senator Adam Ebbin (D-39) and Delegate Mark Sickles (D-17), would repeal Virginia’s constitutional definition of marriage as a union between one man and one woman. It would instead establish marriage as a fundamental right and require the Commonwealth to recognize marriages between any two adults regardless of sex, gender, or race.
Supporters say the amendment would remove language rendered unenforceable by the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges and ensure marriage equality remains protected under Virginia’s Constitution. Opponents have expressed concerns about how portions of the amendment could affect future legal interpretations involving gender identity, family law, and parental rights.
Proposal SB6/HB963, sponsored by Senator Mamie Locke (D-23) and Delegate Elizabeth Bennett-Parker (D-5), would automatically restore voting rights to individuals convicted of felonies once they are released from incarceration. Under current Virginia law, people with felony convictions must have their voting rights restored by the Governor before they may register to vote.
Supporters argue that automatic restoration would simplify the process and eliminate what they view as an outdated system rooted in Virginia’s history. Opponents have questioned whether restoring voting rights automatically is appropriate and have argued the current executive review process should remain in place.
If approved by voters, each amendment would become part of the Virginia Constitution, making changes that cannot be altered through ordinary legislation. Virginia voters will decide the fate of all three measures during the November general election.
