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Virginia Senate pushes forward constitutional amendments

Sen. Boysko gives remarks on the floor
Shaban Athuman
/
VPM News
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

Youngkin declined to discuss his positions on the amendments last week, though he has previously proposed abortion restrictions and defended the governor having the power to restore rights in court.

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.

The House voted along party lines, 51-48 (one Republican was not present), to approve the amendment.

Del. Taylor wipes away tears as Del. Freitas gives remarks
Shaban Athuman
/
VPM News
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.”

This year in the House of Delegates, 35 voted against the amendment, 5 abstained and 2 did not vote.

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).

Jahd Khalil covers Virginia state politics for VPM News.