The Virginia state Senate completed the first step to send a set of amendments on abortion and marriage before voters in next year’s elections.
Lawmakers pushed forward a trio of amendments. The abortion amendment would enshrine a “fundamental right” to abortion, restricting the government from making laws barring an abortion before the third trimester, but would also permit abortion in the third trimester to “protect the life or physical or mental health” of the mother. The marriage amendment would repeal a defunct provision that stated it to be between a man and a woman, while the other amendment would restore voting rights for felons once they have served their sentences.
All three amendments being pushed by Virginia Democrats were approved Tuesday by the state Senate, after being approved in the state House of Delegates last week. The abortion and felon voting measures passed on a 21-19 party-line vote, with Democrats in the majority, while the marriage measure passed 24-15, with three Republicans joining all Democrats in the majority.
For the set of amendments to make it before voters in 2026, it will need to be passed by both chambers of the state legislature again next year. The governor cannot veto the measures.
“The passage of three constitutional amendments today by the Senate are a major milestone towards recognizing the fundamental rights of all Virginians,” Democratic state Senate Majority Leader Scott Surovell said in a statement. “Senate Democrats ran on codifying Roe v. Wade, affirming marriage equality, and excising Jim Crow from the Constitution of Virginia and today we delivered. This starts the process of giving Virginia voters a chance to affirm cherished rights.”
Republicans in the state Senate warned that the abortion amendment could undo several laws on the books and had pushed to add parental consent and a requirement for doctors to save babies’ lives if they survive an abortion, but Democrats voted both amendments down.
Virginia is one of the only states in the South with loose abortion laws, alongside North Carolina, which allows abortion up to 12 weeks, with some exceptions for after that period. The Old Dominion’s abortion laws allow for the procedure through viability.
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The three amendments will need to be approved next year by both chambers, after November’s state House elections, which could put Republicans in the majority. Control of the narrowly divided state Senate will not be up for a vote, but control of the hotly contested state House after the 2025 elections could put the trio of amendments in jeopardy.
Elections for governor, lieutenant governor, and attorney general will also be held in the commonwealth on Nov. 4.