RICHMOND, Va. — The Virginia House of Delegates passed three state constitutional amendments Tuesday that would enshrine in state law reproductive rights, same-sex marriage and automatic restoration of voting rights for people who had completed felony sentences.

It’s the first step in a two-year process led by Democrats to amend the state constitution. Once a joint resolution passes both chambers, the General Assembly will have to pass it again next session. Assuming that passes, it will be put to a voter referendum the following year. Democrats have said the passage of those amendments on first reference is a legislative priority for them this session.

The constitutional amendments also moved forward in the Senate, with the Senate Privileges and Elections Committee voting Tuesday to advance all three. The committee voted to advance the restoration of voting rights and reproductive freedom resolutions in 8-6 party line votes. The same gender marriage provision advanced with a 10-4 vote with some Republicans joining Democrats in support.

Reproductive rights

The resolution, which provided that “every individual has the fundamental right to reproductive freedom,” passed 51-48 along party lines. Reproductive freedom, as laid out by the resolution, includes decisions about prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage management and fertility care.

The resolution reads that a person’s reproductive freedom shall not be infringed upon by the government, only if it would maintain or improve the health of an individual seeking care, consistent with accepted clinical standards of care. It also would prevent the prosecution of anyone who had an abortion, miscarriage or stillbirth.

Democrats have sought protections for abortion access after the U.S. Supreme Court overturned the Roe V. Wade decision in 2022.

Virginia law permits abortions during the first and second trimesters, or during the third trimester if three physicians agree the pregnancy will lead to the woman’s death or substantially harm her health. The resolution would require third-trimester abortions to be approved by one doctor.

The House heard from Republicans, who voiced concerns that the amendment would supersede language from an existing provision in the Virginia code that requires parental consent for people under 18 to receive abortions. The resolution does not make provisions that minors would be unable to consult with adults on reproductive decisions.

Democrats say the use of the word “individual” as opposed to “adult” or “woman” is consistent with Virginia code in other health settings, and that the goal of the measure is to prevent Virginia from implementing what they call extreme abortion restrictions passed in other states. Del. Candi Mundon King, D-Prince William, said she mourned the women who died as a result of abortion bans.

“Maybe my colleagues will add me to that list,” she said. “Maybe they would add my daughter, because for us, with chronic illnesses, a pregnancy could be a death sentence. And I would much rather my doctor make the determination along with me and my family than a delegate.”

Republicans characterized the resolution as extreme.

“We certainly were hoping that at least some better attempts at drafting a more measured version of what we argued is going to be America’s most extreme abortion measure could have come out of that legislative process,” House Minority Leader Todd Gilbert, R-Shenandoah told reporters after.

Voting rights restoration

The proposed amendment to automatically reinstate voting rights for people who have served their felony sentences passed out of the House 55-44 , with Republican Dels. Carrie Coyner, A.C. Cordoza, Mike Cherry, and Kim Taylor joining Democrats in support.

Those with a felony conviction automatically lose the right to vote in Virginia. The only way to get it back is to receive approval from the governor. The state constitution gives governors the authority to restore voting rights at their discretion, and the three previous administrations pushed to streamline the process. But Gov. Glenn Youngkin implemented a new policy that considers each application individually on unspecified criteria.

Some Republicans said there should be special exemptions to the automatic restoration for people who had committed violent crimes.

“Disenfranchisement of individuals with felony convictions is a relic of Virginia’s Jim Crow past and was intentionally inserted into the 1902 constitution to disenfranchise as many Black voters as possible,” said Del. Elizabeth Bennett Parker, D- Alexandria. “Automatic restoration of voting rights encourages voting and civic engagement, which research shows benefits reentry, reduces recidivism and makes communities safer.”

Same-sex marriage

The resolution guaranteeing an affirmative right to marriage passed with the most support in the House, 58-35 with 2 abstaining.

The resolution removes references to marriage being a union between one man and one woman and says Virginia 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.”

Gilbert asked about the implications of distinguishing between sex and gender in the provision. In response, Del. Mark Sickles, D-Fairfax, asked if Gilbert would vote for the amendment if that language was taken out. Gilbert said he would not.

Other Republicans voiced concerns that the amendment would mandate people to perform marriages that did not wish to. Sickles said it would not.

Sickles, who is gay, told reporters the debate Tuesday was substantially different from the discussion that resulted in the 2006 gay marriage ban in the state constitution nearly 20 years ago.

“It’s changed so much,” he said. “Barack Obama was against same-sex marriage at one time and he changed. Everybody’s had a chance to change, and of course, young people won’t have anything to do with us if we had any other position.”

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