Virginia’s proposed constitutional amendments on abortion, same-sex marriage pushed to 2025

RICHMOND — A state Senate committee Tuesday unanimously voted to continue three proposed constitutional amendments on abortion, voting rights restoration and same-sex marriage to 2025.

“I’ve already spoken to the patrons and these bills will be carried over,” said Aaron Rouse, a Virginia Beach Democrat and chairman of the Senate Privileges and Elections Committee.

A constitutional amendment must pass the statehouse during two legislative sessions with an election in between. It then needs approval from Virginia voters — not the governor — to take effect. Amendments can be introduced anytime, but are typically debated in odd years due to the state’s election schedule.

One of the amendments included a measure from Sen. Adam Ebbin, D-Alexandria, to remove language in the state constitution defining marriage as a union between one man and one woman. Same-sex marriage advocates are concerned the U.S. Supreme Court might overturn Obergefell v. Hodges, the ruling that legalized same-sex marriage nationwide.

Another amendment from Sen. Mamie Locke, D-Hampton, would automatically restore voting rights to residents who’ve served their time for a felony conviction. Those with a felony conviction lose the right to vote in Virginia and can only have it reinstated by the governor.

The third amendment — carried by five Democrats, including Sens. Locke, Jennifer Boysko, Louise Lucas, Ghazala Hashmi and Barbara Favola — would protect reproductive rights.

“This right to make and effectuate one’s own decisions about all matters related to one’s pregnancy shall not be denied, burdened, or infringed upon, unless justified by a compelling state interest,” the measure states. “…The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual on the basis of an actual, potential, perceived, or alleged outcome of such individual’s pregnancy.”

State law permits abortions during the first and second trimester, or during the third trimester if three physicians agree the pregnancy will lead to the woman’s death or substantially harm her health. But Republicans have pushed to limit abortions since the U.S. Supreme Court overturned Roe v. Wade in 2022.

While the amendment protecting abortion access is now on pause, several other measures related to reproductive rights are still working their way through the General Assembly.

A bill from Favola that would prohibit the issuance of a search warrant for the search and seizure of menstrual health data stored on a computer or other electronic device has been referred to the Senate Courts of Justice.

Another bill from Favola would ban the extradition of individuals to another state if the crime they are charged with involved receiving legal reproductive health care services within Virginia.

Meanwhile, a bill from Del. Cia Price, D-Newport News, that would protect access to birth control is heading to the House Committee on Health and Human Services.

Katie King, katie.king@virginiamedia.com