By Juliette Sohonage
The Virginia Democrats’ gains in seats in the House of Delegates in Tuesday’s election clears the path for three proposed constitutional amendments to go before voters.
Democrats expanded their majority by 13 seats, winning at least 64 seats, which gives them an even larger majority in the 100-member chamber than they had going into Election Day.
The future of the three proposed constitutional amendments dealing with same-sex marriage, abortion and voting rights for felons depended on the election’s outcome.
In Virginia, proposed amendments must pass by a majority in both the House of Delegates and the Senate twice to make their way to the ballot for voters to consider. All three proposed amendments passed the General Assembly in 2024 and will be voted on again in 2026.
The governor cannot veto proposed amendments in Virginia.
The first proposed amendment would remove Virginia’s ban on same-sex marriage and guarantee marriage rights regardless of sex, gender or race.
The second proposed amendment would protect the right to reproductive health – including abortion, contraception and prenatal care.
The last proposed amendment would restore voting rights to convicted felons upon their release from incarceration.
Virginia is the only state that does not automatically restore voting rights of felons after they are released. They must petition the governor to regain their right to vote.
All three amendments were sponsored by Democratic senators and passed by slight majorities in each chamber in the first vote.
All three amendments were introduced by Democrats. The proposed amendment on the right to reproductive freedom is the only bill in which lawmakers voted along party lines in both chambers.
In 2022, the U.S. Supreme Court overturned 1973’s Roe v. Wade decision and gave states the power to regulate or ban abortion. Virginia is the only southern state without severe restrictions, and Democratic senators see Virginia as a haven.
“I’ve heard from folks from other states who are grateful that they’ve been able to come to Virginia to get that care,” Sen. Jennifer Boysko, 38th district, said in an interview. “We want people to be safe.”
Republican senators said they are concerned that the proposed amendment does not mention parental consent for abortions.
“There’s no age limit at what point a parent must be notified,” Sen. Mark Peake, 8th District, said in an interview. “Almost all Republicans are concerned about minors having abortions without their parents’ knowledge.”
Peake voted against all three proposed constitutional amendments in the first round of voting.
“I’ll just say I believe that marriage is between a man and a woman,” he said.