Sen. Jennifer Boysko, D-Fairfax, answered questions on SJ247, a constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Monday, January 20, 2025 at the Virginia State Capitol in Richmond, Virginia.
Final Senate vote this session expected Tuesday
The General Assembly is set to forward three proposed changes to the Virginia Constitution after Senate debate Monday.
The measures would enshrine abortion access and marriage equality, and automatically restore voting rights to people who completed felony sentences.
The Virginia House of Delegates debated their versions of the resolutions last week and passed all three.
As part of the multiyear amendment process, the measures would need to be passed again next year — after voters elect a new House of Delegates — and then could head to voters in 2026.
The Democrat-controlled legislature has been able to push the measures along in this session without the threat of a veto by Republican Gov. Glenn Youngkin, who plays no role in amending the constitution.
Another vote is expected Tuesday, when the Senate again votes on its versions of the measures
Some Republicans in the House supported the amendments on voting rights and marriage equality, but not the abortion resolution. The Senate has yet to have a recorded vote for final passage; the measures proceeded forward with voice votes.
Abortion amendment
The amendment reads “every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.”
Republicans' arguments against the bill included graphic descriptions of a specific procedure performed in rare late-term abortions, questions over parental consent and the amendment’s language on sex and gender.
Sen. Tara Durant (R-Fredericksburg) proposed an amendment that would require parental consent for abortions. Virginia law allows minors to consent to medical care for “birth control, pregnancy or family planning except for the purposes of sexual sterilization.”
“This is simple. You either believe in parental rights or you don’t,” said Sen. Mark Obenshain (R-Rockingham). “Why not put this in and make it clear? Make it clear that it is OK for us to maintain our parental consent laws?”
Sen. Jennifer Boysko (D-Fairfax), who sponsored the constitutional amendment, rebutted by saying her intent was to guarantee health care access.
“There are some instances where that is not appropriate, and we have laws on the books right now that allow for exceptions,” said Boysko, discussing instances when minors cannot access certain types of health care without a parent.
Another amendment by Sen. Emily Jordan (R-Brunswick) would ensure medical care “in the event that an infant is born alive after an abortion procedure,” she said.
The exact text of the amendments was not available Monday.
Boysko again offered a rebuttal.
“This is not how abortion works,” she said. “This is fear mongering and trying to divert from the fact that the majority of Virginians want us to pass a reproductive health care act in our constitution to protect their freedom and ability to make the most personal and private decisions for themselves.”
“Let's pass this resolution, so that people who probably couldn't find a uterus with a map are not making decisions about women's health care,” said Del. Candi Mundon King (D-Prince William), while discussing the House’s version of the constitutional amendment.
Del. Kim Taylor, R-Dinwiddie, wipes away tears as Del. Nick Freitas, R-Culpeper, gives graphic remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Marriage equality amendment
Virginia’s constitution currently contains a 2006 amendment that defines marriage as being between “one man and one woman,” which is unenforceable after the U.S. Supreme Court’s 2015 Obergefell decision. If the Supreme Court were to overturn Obergefell, it would go into effect.
The amendment would prohibit authorities from denying to issue marriage licenses to “two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties.”
Del. Nick Freitas (R-Culpepper) raised opposition to the measure because it does not address religious authorities declining to perform marriages — which was protected in a law passed by the legislature and signed by Gov. Glenn Youngkin last year.
Minority Leader Del. Todd Gilbert (R-Shenandoah) raised the question of the amendment not distinguishing between sex and gender.
“That notion should at least give us pause that maybe this is not ready, and that pushing ahead with it is not in the best interest of Virginia,” he said.
A similar marriage measure got through the legislature in 2021, but was defeated in 2022 after Republicans gained control of the House of Delegates.
The number of Republicans voting against the proposal increased, compared to the 2021 vote, when 33 Republicans voted against it and seven did not vote.
Senate Republicans offered no amendments to the proposal on Monday.
Rights restoration amendment
Currently, the governor needs to individually grant voting rights to those who have been released from incarceration for felony convictions. But if this amendment makes it past the next legislature and to voters in 2026, it would automatically reinstate the right to vote — and other political rights.
Mississippi, Alabama and Tennessee are the only other states without some form of automatic restoration, according to the Voting Rights Lab.
Other rights include serving on a jury, being a public notary and running for public office.
The Senate rejected Republican amendments to limit the automatic restoration to nonviolent felonies and include a payment of restitution, 19-21.
Four House Republicans voted for the bill: Del. A.C. Cordoza (R-Hampton), the legislature’s only Black Republican; and three delegates from swing districts — Del. Carrie Coyner (R-Chesterfield), Del. Mike Cherry (R-Colonial Heights) and Del. Kim Taylor (R-Petersburg).
1 of 44 — Del. Harring listens as Del. Price rips into Del. Milde
House Majority Leader Charniele Herring, D-Alexandria, listens as Del. Cia Price, D-Newport News, gives remarks in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
2 of 44 — Sen Perry gives remarks
Sen. Russet Perry, D-Loudoun, , gives remarks about a set of bills that would address the fast growth of data centers and the stress it adds to the power grid, and the impact on the environment during press conference before a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
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3 of 44 — Del. Sullivan gives remarks at a podium
Del. Rip Sullivan, D-Fairfax, gives remarks about HB2578, which would tie Virginia’s sales and use tax exemption for data centers to stricter clean energy and efficiency standards, during press conference before a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
4 of 44 — Lt. Gov. Earle-Sears joins, Senetors McDougle and Obenshain
Lt. Gov. Winsome Earle-Sears joins Senate Minority Leader Ryan McDougle, R-Hanover, and Sen. Mark Obenshain, R-Rockingham, Caucus Chairman, for a Senate Republicans press conference on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
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5 of 44 — Lt. Gov. Earle-Sears joins Senetor McDougle
Lt. Gov. Winsome Earle-Sears listens as Senate Minority Leader Ryan McDougle, R-Hanover, gives remarks during a Senate Republicans press conference on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
6 of 44 — Lt. Gov. Earle-Sears joins, Senetors McDougle and Obenshain
Lt. Gov. Winsome Earle-Sears gives remarks as Senate Minority Leader Ryan McDougle, R-Hanover, and Sen. Mark Obenshain, R-Rockingham, Caucus Chairman, listen during a Senate Republicans press conference on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
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7 of 44 — Sen. Reeves answers questions from the media
Senate Republicans Republican Co-Whip Bryce Reeves, R-Orange, answers from the media before a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
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8 of 44 — Pages wait in the hallway
Capitol Pages wait to direct guests during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
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9 of 44 — Spanberger chats with members of the media as Del. Austin makes his way down the stairs
Del. Barry Knight, R-Virginia Beach, makes his way to the House as Former Representative Abigail Spanberger chats with members of the media after being recognized on the House floor during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
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10 of 44 — Del. Earley Jr. gives remarks on the floor
Del. Mark Earley Jr., R-Chesterfield, gives remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
11 of 44 — Delegates applaud Del. Earley Jr.
Republicans applaud Del. Mark Earley Jr., R-Chesterfield, after giving remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
12 of 44 — Delegates applaud Del. Coyner
Republicans applaud Del. Carrie Coyner, R-Chesterfield, after giving remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
13 of 44 — Speaker Scott listens
Speaker of the House Don Scott Jr., D-Portsmouth, listens as Delegates debate HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
14 of 44 — Delegates Harring gives remarks
House Majority Leader Charniele Herring, D-Alexandria, gives remarks in support of her bill HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
15 of 44 — Minority Leader Gilbert gives remarks as members look on
Republicans listen as House Minority Leader Todd Gilbert, R-Shenandoah, gives remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
16 of 44 — Minority Leader Gilbert gives remarks as Majority Leader Harring listens on
House Majority Leader Charniele Herring, D-Alexandria, listen as House Minority Leader Todd Gilbert, R-Shenandoah, gives remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
17 of 44 — A close up of Del. Ennis as he listens with a worried look
Del. Baxter Ennis, R-Chesapeake, listens as House Minority Leader Todd Gilbert, R-Shenandoah, gives remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
18 of 44 — Del. Taylor wipes away tears as Del. Freitas gives remarks
Del. Kim Taylor, R-Dinwiddie, wipes away tears as Del. Nick Freitas, R-Culpeper, gives graphic remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
19 of 44 — Del. Freitas gives remarks
Del. Nick Freitas, R-Culpeper, gives graphic remarks against HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
20 of 44 — Del. Mundon King gives remarks
Del. Candi Mundon King, D-Prince William, gives remarks in support of HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
21 of 44 — Del. Cohen llistens with her hands in her face
Del. Laura Jane Cohen, D-Fairfax, listens as Del. Candi Mundon King, D-Prince William, gives remarks in support of HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
22 of 44 — Delegates and supectars look on as votes are tallied
Delegates and guests look on as HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, passes during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
23 of 44 — Del. Mundon King is congratulated by her colleagues
Del. Candi Mundon King, D-Prince William, is congratulated by her colleagues after giveing remarks in support of HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia. HJ1 Passed the House
Shaban Athuman / VPM News
24 of 44 — Del. Mundon King is congratulated by her colleagues
Del. Candi Mundon King, D-Prince William, is congratulated by her colleagues after giveing remarks in support of HJ1, a Constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia. HJ1 Passed the House
Shaban Athuman / VPM News
25 of 44 — Del. Cherry shares a laughs with Speaker Scott
Del. Mike Cherry, R-Colonial Heights, shares a laugh with Speaker of the House Don Scott Jr., D-Portsmouth, while in a recess during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
26 of 44 — Del Bolling waves a green flag
Del. Destiny LeVere Bolling, D-Henrico, waves a green flag in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
27 of 44 — Del. Cole listens with a finger on his head
Del. Joshua Cole, D-Stafford, listens as delegates debate HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
28 of 44 — Del Milde gives remarks on the floor
Del. Paul Milde, R-Stafford, gives remarks against HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
29 of 44 — Del Price gives remarks
Del. Cia Price, D-Newport News, gives remarks in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
30 of 44 — Guests laugh as Del Price gives remarks
Guests in the gallery laugh as Del. Cia Price, D-Newport News, gives remarks in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, and in an verbal rebuttal against Del. Paul Milde, R-Stafford, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
31 of 44 — Republicans applaud Del. Price
House Democrats applaud Del. Cia Price, D-Newport News, after giving remarks in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
32 of 44 — Del Cole gives remarks
Del. Joshua Cole, D-Stafford, gives remarks in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
33 of 44 — Del. Wiley listens
Del. Bill Wiley, R-Winchester, listens as Del. Joshua Cole, D-Stafford, gives remarks in support of HJ2, a constitutional amendment that gives every person who meets the qualifications of voters set forth in the Constitution of Virginia the fundamental right to vote, during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
34 of 44 — Delegates look at the vote tallies on the screen
Delegates look on as votes for HJ9, which would enshrine the right to same sex marriage in the commonwealth, are tallied during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
35 of 44 — Del. Gilbert gives remarks in the rutanda
House Minority Leader Todd Gilbert, R-Shenandoah, gives remarks after the House passed three constitutional amendments during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
36 of 44 — Del. Sickles gives remarks in the rutanda
Del. Mark Sickles, D-Fairfax, gives remarks after the House passed three constitutional amendments during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
37 of 44 — Del. Herring leaves the rutanda
House Majority Leader Charniele Herring, D-Alexandria, leaves after giving remarks after the House passed three constitutional amendments during a General Assembly session on Tuesday, January 14, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
38 of 44 — Sen. Boysko looks on as people line up to give public comments
Sen. Jennifer Boysko, D-Fairfax, looks on as members of the public give public comment on SJ247, a constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
39 of 44 — Dr. Petrocelli listens
Dr. Dennis Petrocelli listens to public comment on SJ247, a constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
40 of 44 — Rush makes his way throug the hallways
Derek Rush makes his way throng the General Assembly Building during a General Assembly session on Tuesday, January 14, 2025 in Richmond, Virginia.
Shaban Athuman / VPM News
41 of 44 — Sen. Suetterlein makes his way through a patch of light
Sen. David Suetterlein, R-Roanoke County, makes his way through General Assembly Building hallways during a General Assembly session on Tuesday, January 14, 2025 in Richmond, Virginia.
Shaban Athuman / VPM News
42 of 44 — A person walks away with a hoodies with a fetus
A person walks away after giving public comment against SJ247, a constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
43 of 44 — Sen. Perry gives remarks from the dias
Sen. Russet Perry, D-Loudoun, gives remarks in support of SJ247, a constitutional amendment to enshrine the fundamental right to reproductive freedom, during a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
Shaban Athuman / VPM News
44 of 44 — Sen. Boysko chats with Allah
Sen. Jennifer Boysko, D-Fairfax, chats with Sincere Allah after presenting SJ247, a constitutional amendment to enshrine the fundamental right to reproductive freedom, to the Senate Privileges and Elections committee during a General Assembly session on Tuesday, January 14, 2025 at the General Assembly Building in Richmond, Virginia.
The voluntary recall covers 13 products sold at major grocery stores in 26 states and the District of Columbia. It was triggered by defective packaging that poses the risk of food poisoning.