A person waits to give remarks on HJ1, a proposed constitutional amendment to give “fundamental right to reproductive freedom,” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 at the General Assembly Building in Richmond.
Abortion, same-sex marriage, voting rights proposals head to full House vote in January.
Three amendments to the state’s constitution will be up for consideration during the 2025 General Assembly session, with lawmakers set to vote on amendments related to abortion, felon voting rights and same-sex marriage.
On Wednesday, delegates passed all three amendments, which were introduced during the General Assembly session in January, out of the Democratic-led House Privileges and Elections Committee — all in votes split primarily along party lines. (Four Republicans joined the committee’s Democrats in voting for the same-sex marriage amendment.)
All three amendment proposals will now move forward to be considered by the full House of Delegates when the next General Assembly session begins in January 2025.
To go into effect, an amendment must be approved by two consecutive General Assembly sessions, then voted on in an election. If all three pass through the legislature twice, the earliest they could be seen on a ballot is November 2026.
Abortion
Shaban Athuman
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VPM News
House Majority Leader Charniele Herring, D-Alexandria, gives remarks on HJ1, a proposed constitutional amendment establishing the “fundamental right to reproductive freedom,” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 at the General Assembly Building in Richmond.
House Majority Leader Charniele Herring (D-Fairfax) sponsored the proposed abortion amendment referred to as HJ 1, which would add “the fundamental right to reproductive freedom” for every individual to the state’s Bill of Rights. Speaking to the committee, Herring said the amendment keeps decisions about reproductive rights between a pregnant person and their physician.
“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,” the amendment reads, “unless justified by a compelling state interest and achieved by the least restrictive means that do not infringe an individual’s autonomous decision-making.”
“Pregnancy has threatened the life of some women. Some women are lucky and have healthy pregnancies and are able to bring their fetus to term and deliver without any complications,” Herring said. “This was brought to protect those women who are not in that situation.”
The amendment also protects care providers or others who assist in caring for someone seeking an abortion from prosecution.
Del. Mike Cherry (R-Chesterfield) objected to last-minute changes to language in the abortion amendment, calling it “haphazard” and requesting additional time to review the update.
Shaban Athuman
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VPM News
Del. Mike Cherry, R-Colonial Heights, gives remarks on HJ1, a proposed constitutional amendment that would establish the “fundamental right to reproductive freedom,” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 at the General Assembly Building in Richmond.
Herring rejected the criticism, saying she had taken comments made during the General Assembly debate into consideration when making the adjustments. “This was carefully crafted to make sure we are protecting the law that we have in Virginia,” Herring said.
Del. Israel O’Quinn (R-Bristol) argued that the debate happening in the committee should be delayed until the next General Assembly session.
Shaban Athuman
/
VPM News
Delegates cast their votes on HJ1, a proposed constitutional amendment that would establish the “fundamental right to reproductive freedom,” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 at the General Assembly Building in Richmond.
“These are big, emotional topics, and the Constitution is a big, important document,” O’Quinn said. “Big things happen during our upcoming 45-day legislative session, and that's when we should tackle really big things — like the things that we've tackled today, which would put permanent change into our Constitution.”
Voting rights after felony incarceration
Del. Jackie Glass (D-Norfolk) spoke Wednesday in support of HJ 2, a proposed amendment that would automatically restore voting rights to people convicted of felonies after they are released from incarceration. Currently, those convicted must receive a pardon from the governor to regain their voting rights.
Shaban Athuman
/
VPM News
From left, Dels. Rozia Henson Jr., D-Prince William; Kannan Srinivasan, D-Loudoun; Joshua Cole, D-Stafford; and Jackie Glass, D-Norfolk, listen to public comment during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 at the General Assembly Building in Richmond.
“We are one of 10 states where rights are lost indefinitely or require a governor’s pardon for certain offenses,” Glass said. “They deserve a process that is both consistent and transparent, not at the whims of those who are in the governor’s mansion.”
Del. Paul Milde (R-Stafford) voted against the amendment, saying it went “too far.”
In 1986, Milde — then an 18-year-old — was convicted for cocaine possession with the attempt to distribute. Nearly a decade later, he pleaded guilty to being an accessory to attempted burglary, according to The Washington Post.
“I believe I’m the only one up here with direct personal experience,” Milde said. “I've told people that I've had my rights restored. They knew it wasn't automatic or easy in Virginia, but they knew that it was important enough to me, for me to take the initiative and make my case for redemption.”
Same-sex marriage
Shaban Athuman
/
VPM News
Del. Mark Sickles, D-Fairfax, listens to public comment on HJ9, a proposed constitutional amendment that would repeal a ban on same-sex marriage, during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 at the General Assembly Building in Richmond.
The third prospective amendment passed Wednesday was HJ 9, sponsored by Del. Mark Sickles (D-Fairfax), which would enshrine the right to same sex marriage in the commonwealth.
The 2015 U.S. Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage in the United States at the federal level. But an amendment to Virginia’s Constitution passed in 2006 bans same-sex marriage. HJ 9 would repeal that provision, as well as any related provisions rendered invalid by the Obergefell decision.
Sickles said voters should have a chance to weigh in nearly 20 years after they approved the ban: “People have changed their opinions of this as the years have passed.”
The amendment requires the commonwealth to “recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties,” but allows clergy members the right to refuse to perform any marriage on religious grounds.
1 of 17 — Delegates listens
Del. Rozia Henson Jr., D-Prince William listens along Dels. Kannan Srinivasan, D-Loudoun, Joshua Cole, D-Stafford, and Jackie Glass, D-Norfolk, as people gave public comment on HJ9, a constitutional amendment to affirm the right to marry between two individuals, during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
2 of 17 — Del. Sickles laughs as a person talks about thier partner
Del. Mark Sickles, D-Fairfax, listens as a person gives public comment on HJ9, a constitutional amendment to affirm the right to marry between two individuals, during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
3 of 17 — Results on HJ9 is seen behind delegates
Del. Chad Green, R-York, left, looks at the results on HJ9, a constitutional amendment to affirm the right to marry between two individuals, during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
4 of 17 — Del. Cherry gives remarks
Del. Mike Cherry, R-Colonial Heights, gives remarks as House Majority Leader Charniele Herring, D-Alexandria, introduces a substitute for HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
5 of 17 — Del. Price listens during a meeting
Del. Cia Price, D-Newport News, Chairperson of the House Privileges and Elections Committee, listens to public comment on HJ9, a constitutional amendment to affirm the right to marry between two individuals, during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
6 of 17 — Del. Gillbert gives remarks on HJ1
House Minority Leader Todd Gilbert, R-Shenandoah, gives remarks during a discussion on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
7 of 17 — Leader Herring gives remakrs on at podium
House Majority Leader Charniele Herring, D-Alexandria, gives remarks on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
8 of 17 — Del. Scott chats with Del. Wachsmann
Del. Phillip Scott, R-Spotsylvania, chats with Del. Otto Wachsmann, R-Sussex, as they listen to discussion on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
9 of 17 — A woman holds her child as she waits in line
Jace Babbon waits in line with her 20 month-old son, Samuel of Hanover County, to give her comment against HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
10 of 17 — A person wearing a shirt that reads “REPRODUCTIVE FREEDOM 2026”
A person waits to give remarks on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
11 of 17 — Leader Gilbert points over his shoulder as he chats with Convirs-Fowler adn Sickles
Del. Mark Sickles, D-Fairfax, chats with House Minority Leader Todd Gilbert, R-Shenandoah, and Del. Kelly Convirs-Fowler, D-Virginia Beach, during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
12 of 17 — Leader Gilbert chats with Leftwich
House Minority Leader Todd Gilbert, R-Shenandoah, chats with Del. Jay Leftwich, R-Chesapeake, as they listen to public comment on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
13 of 17 — Del. Leftwich listens
Del. Jay Leftwich, R-Chesapeake, listens during public comment on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
14 of 17 — Del. Earley Jr. listens
Del. Mark Earley Jr., R-Chesterfield, listen to discussion on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
15 of 17 — A person takes a picture with a phone with a picture of President-Elect Donald Trump
A person takes pictures during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
16 of 17 — Results on HJ1 are seen on a screen
Delegates cast their votes on HJ1, a constitutional amendment to give “fundamental right to reproductive freedom” during a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
17 of 17 — A headshot of Leader Gilbert
House Minority Leader Todd Gilbert, R-Shenandoah, gives remarks to members of the media following a House Privileges and Elections Committee meeting on Wednesday, November 13, 2024 the General Assembly Building in Richmond, Virginia.
Adrienne is the video editor and health care reporter at VPM. She also worked as a multimedia journalist and producer for VPM News Focal Point, VPM's news magazine style, public affairs program. Before joining VPM, McGibbon worked as a producer and video journalist at C-SPAN in Washington, D.C focusing on the intersection of public affairs, politics and history. Prior to joining C-SPAN she worked in newsrooms in Hartford, Connecticut and Des Moines, Iowa. McGibbon has covered presidential elections since 2004, and the federal response to Hurricane Katrina and COVID-19.
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