Virginia House advances measures supporting abortion, gay marriage, felon voting

In a sharply divided vote, lawmakers in the Virginia House of Delegates advanced a measure Tuesday to enshrine abortion in the state’s constitution. The Democratic majority returned a 51-48 vote supporting the measure to remove nearly all restrictions on abortion within the state.

The government may not deny, burden, or infringe upon the decisions of a woman about her pregnancy, according to the legislation. The measure also bars the government from prosecuting abortion providers or people aiding women in receiving abortions before the third trimester. The measure does include an exception if the state proves it has a compelling interest, but those concerns must be addressed through the least restrictive means. The bill makes provisions for the government to regulate abortion during and after the third trimester, as long as the regulations don’t prohibit an abortion when a doctor determines it is necessary to protect the life of the mother, or her physical or mental health. The government is also prohibited from restricting abortion when a doctor determines that the baby is not viable.

GOP lawmakers alleged the amendment would undermine parental rights and allow minors to obtain abortions without parental knowledge. Del. Mark Earley noted that the bill’s language would allow any individual to receive an abortion not just adults. Earley also took issue with what he characterized as the bill’s weak allowances for restrictions on abortion during and after the third trimester, noting that a viable child could be killed in the womb merely for the sake of a mother’s mental health.

What’s included in the gay marriage amendment? State lawmakers also passed a measure to formally enshrine same-sex marriage in the state’s constitution. Supporters of the measure said the Supreme Court’s 2015 decision to recognize gay marriage in Obergefell v. Hodges t trumps Virginia’s law recognizing only traditional marriages. Lawmakers moved to formally remove language barring same-sex unions from the state’s constitution and formally recognize any marriage between two adults regardless of sex or race. Removing the same-sex marriage ban will protect Virginians' right to marry even if the Supreme Court reverses its previous ruling, said bill author Del. Mark Sickles. The amendment acknowledged the protected right of acting clergy and religious organizations to refuse to perform a marriage. The measure received bipartisan support in the House and passed in a 58-35 vote.

What does the felon voting rights amendment propose? Delegates also passed a measure to restore voting rights to convicted felons released from prison. Virginia law permanently bars convicted felons from voting once convicted, unless the governor opts to restore the right to an individual after his or her release. The proposed amendment would automatically restore a felon's right to vote after leaving prison. State House Speaker Don Scott supported the measure’s passage and cited his own experience as a felon whose voting rights were restored in 2013. Voting is an unalienable right under the constitution, and people who have paid their debt to society should have that right back, Scott told a local news outlet. The measure passed with tepid bipartisan support in a 55-44 vote.

How soon could these bills be fully passed? Citizens could vote on whether to enact the amendments in a 2026 referendum. However, both chambers of the state’s General Assembly must approve the measures two years in a row to be placed on the ballot for a popular vote.

Dig deeper: Read Leah Savas’ report on the pro-life referendum losses in the 2024 election.