This November, Virginia voters will decide on three proposed amendments to the state constitution. These amendments will impact women's reproductive freedoms, restoration of voting rights, and marriage equality.
Here's what each would change and links to more detailed informational flyers.
Jump to... Right to Reproductive Freedom, Repeal of Same-Sex Marriage Ban, Automatic Voting Rights Restoration
Right to Reproductive Freedom
This amendment adds a new section to the Virginia Constitution guaranteeing a fundamental right to reproductive freedom - including decisions about prenatal care, child birth, contraception, and abortion - while allowing the state to regulate abortion in the third trimester with limits.
Current law vs. proposed law
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- Virginia constitution does not guarantee reproductive rights. Abortion is legal up to the end of the second trimester under state law - not the constitution - and that law can change at any time. - The U.S. Supreme Court 2022 Dobbs decision removed federal constitutional protection for abortion, leaving each state to set its own rule |
- Establishes a fundamental right to reproductive freedom: prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care. - The state may only limit this right when it has a compelling interest, using the least restrictive means possible. - The state may still regulate abortion in the third trimester - but any such law must allow it when medically needed to protect the pregnant person's life or health, or when the fetus is not viable. - Protects doctors, nurses and patients from being punished for these decisions. |
What the ballot question asks:
"Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient's health is at risk or the pregnancy cannot survive?"
Learn more here
Repeal of Same-Sex Marriage Ban
This amendment removes Virginia's unenforceable ban on same-sex marriage from the constitution and replaces it with a requirement that the state recognize and treat equally any lawful marriage between two adults, regardless of sex, gender or race.
Current law vs. proposed law
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What the ballot question asks:
"Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?"
Learn more here
Automatic Voting Rights Restoration
This amendment adds an explicit "fundamental right to vote" clause, making felony voting-rights restoration automatic upon release from prison, and narrows the separate rule disqualifying voters found to lack capacity to understand voting.
Current law vs. proposed law
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What the ballot question asks:
"Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting?"
Learn more here