Great stuff – the Virginia House of Delegates Privileges and Elections Committee a few minutes ago passed HJ1, “a constitutional amendment protecting reproductive freedom in Virginia.” See below for reactions, video, etc. And, of course, note that Virginia House Republicans are perfectly fine with women’s lives being put at risk due to lack of essential reproductive care. Also, note that this amendment will have to pass the entire General Assembly in 2025, then again in 2026 following the gubernatorial election, then be placed before the voters for their approval. So still a ways to go, but we’re making progress (which is crucial in the aftermath of the Supreme Court’s disastrous Dobbs decision, overturning Roe v Wade).
P.S. The Committee also passed HJ2 (Right to vote – restoration of rights for ex-felons) and HJ9 (Marriage equality).
Del Charniele Herring to VA House GOP Leader Todd Gilbert: “I apologize if you feel this is rushed. It is not rushed. What we are seeing across the country is people dying. What we are trying to achieve here is protection.”
Del. Charniele Herring explains why her constitutional amendment protecting women’s reproductive freedom in Virginia is urgent and carefully considered
Video – Del. Charniele Herring presents her reproductive freedom constitutional amendment, is VERY taken aback as Republicans accuse her of writing this in a “haphazard” manner (she says she took great care in drafting the amendment).
*****************
Virginia House Democrats Advance Constitutional Amendments to Protect Reproductive Rights, Marriage Equality, and Voting Rights
Richmond, VA — Today, the Virginia House Democrats took historic steps to secure the rights of all Virginians by advancing three constitutional amendments that address critical freedoms and protections: reproductive rights, marriage equality, and the restoration of voting rights for returning citizens.
House Joint Resolution 1 (HJ1) proposes enshrining reproductive rights in the Virginia Constitution, marking a commitment to uphold personal healthcare autonomy and the freedom to make reproductive decisions without government interference. (HJ9) seek to remove the state’s outdated ban on same-sex marriage and (HJ2) to guarantee the automatic restoration of voting rights for returning citizens.
Speaker Don Scott expressed the urgency behind these initiatives, saying, “Virginians elected a Democratic House Majority in 2023 because they trusted us to protect their rights. With these amendments, we are safeguarding fundamental freedoms—reproductive autonomy, marriage equality, and the right to vote—against the forces that seek to erode them.”
Protecting Reproductive Rights
The proposed amendment under HJ1 would embed the right to reproductive freedom within the Virginia Constitution. This amendment encompasses access to prenatal care, postpartum care, contraception, abortion care, miscarriage management, and infertility treatment. By securing these rights, HJ1 ensures healthcare decisions remain private and centered around individuals and their healthcare providers, free from unwarranted political intervention.
House Majority Leader Charniele Herring stated, “HJ 1 affirms the right of every Virginian to make their own reproductive healthcare decisions, and adding this protection to our Constitution ensures continued, safe access to care for today’s Virginians while safeguarding this right for generations to come.”
“Personal healthcare decisions should remain between a patient and their doctor, without interference from politicians. HJ 1 stands up for bodily autonomy and affirms that everyone deserves access to comprehensive reproductive healthcare, including contraception, abortion, and IVF as is dictated by the patient’s needs. These protections are essential without federal law governing this important issue. Virginia must take a stand to guarantee reproductive freedoms now and for the future, regardless of federal uncertainties.”
Repealing the Ban on Same-Sex Marriage
The second amendment seeks to overturn Virginia’s constitutional ban on same-sex marriage and uphold the fundamental right to marriage, aligning the state’s laws with the values of inclusivity and equality. Although marriage equality is currently protected by federal law, the proposed amendment would ensure that all Virginians are treated equally under the state constitution.
“Love is love, and it’s time for our Constitution to reflect that,” said Del. Mark Sickles. “By removing the ban on same-sex marriage, Virginia is affirming the dignity and rights of all couples and families in our Commonwealth. Our laws must reflect our commitment to inclusivity and justice. Marriage equality is non-negotiable, and this amendment will guarantee that Virginia is a place of acceptance for all.”
Restoring Voting Rights for Returning Citizens
The third amendment proposes automatic restoration of voting rights for returning citizens, fostering a more just and inclusive democracy. If passed, this amendment would empower returning citizens to participate fully in civic life without additional barriers.
Del. Elizabeth Bennett-Parker commented, “The right to vote is fundamental, and it’s time Virginia eliminated barriers to democracy for returning citizens. By restoring voting rights, we’re empowering more Virginians to have a voice in shaping their communities. This amendment is about redemption, reintegration, and the belief in second chances. Virginia’s future depends on a democracy that works for all its people, including those who are committed to rebuilding their lives.”
“These proposed Constitutional Amendments show that we are committed to protecting the rights of Virginians across the board — from reproductive autonomy to marriage equality to voting rights,” said Privileges and Elections Chair, Delegate Cia Price. “We look forward to working with our colleagues to pass these amendments and make Virginia a beacon of freedom, justice, and equality for all.”
Next Steps
These amendments must pass the Virginia legislature twice, with an intervening election, before they can be added to the ballot for a public vote. House Democrats remain committed to fighting for these rights and bringing these amendments to fruition.
VIRGINIA SENATE MAJORITY LEADER SCOTT SUROVELL’S STATEMENT ON HOUSE ADVANCING REPRODUCTIVE FREEDOM AMENDMENT
Richmond, Virginia – Today, the House of Delegates Privileges and Elections Committee met to take steps to advance a constitutional amendment protecting reproductive freedom in Virginia. Senate Democrats will report similar legislation from the Senate Privileges and Elections Committee on the first day of the 2025 Regular Session.
In 2023, Senate Democrats campaigned on putting Roe v. Wade into the Constitution of Virginia and voters delivered a 21-19 majority. Last Tuesday’s elections reiterated the message that the majority of voters—in both blue and red states—support a woman’s right to reproductive freedom. Seven states across the country voted for constitutional amendments to protect or expand abortion access. Senate Democrats are committed to ensuring that Virginia soon joins this list.
The election of Donald Trump and a Republican trifecta at the federal level reinforces the critical need for state governments to protect women’s right to control their contraception and reproductive healthcare. Senate Democrats have worked with House Leadership to reach a consensus on this amendment, and look forward to advancing a consensus amendment in the Senate.
Majority Leader Scott Surovell (D – Fairfax County) said: “Virginia led the world protecting individual liberty by adopting the Virginia Declaration of Rights in 1776 and I cannot think of a better place to constitutionalize women’s right to control their own reproductive healthcare decisions. We have seen the consequences of restrictive abortion bans across the country, as women die preventable deaths, rape victims are forced to carry their attackers’ babies to term, and people have to flee to other states to get basic healthcare. Virginia voters have been clear: they want these decisions to remain between women and their doctors. Senate Democrats will work with House Democrats to get this done so that the women of Virginia do not have to live in fear and so that our daughters will have the same rights their mothers did. This is a top priority for Senate Democrats this session and I have asked Senate Privileges & Elections Committee Chairman Aaron Rouse to docket the resolution to initiate the constitutional amendment process on Day #1 of the 2025 General Assembly Session. It will be prioritized for passage and ready to be reaffirmed and placed on the ballot after the 2025 elections and 2026 Regular Session of the General Assembly.”
Senator Jennifer Boysko (D – Fairfax County), who is carrying the Senate resolution to enshrine the right to abortion in the Virginia Constitution, said: “For the first time in my life we saw the U.S. Supreme Court take away a fundamental constitutional right, shifting control over our reproductive healthcare to the states. Voters have made it clear that abortion should be safe and legal in the Commonwealth. We soundly reject Republican efforts to interfere with our bodily autonomy and introduce this constitutional amendment as one of our top legislative priorities for the 2025 session. We will work hand in hand with the House of Delegates.”
The Constitution of Virginia can be amended when a proposed constitutional amendment is passed in two sessions separated by a general election. The “first reference” of a constitutional amendment is typically heard in the odd year session preceding an election and the “second reference” is passed in the following even year session when it is typically placed on the ballot by legislation for approval by a majority of voters.
###
Senator Scott A. Surovell has represented parts of Fairfax County since 2015. He has served as Majority Leader of the Senate since 2023. Prior to his time in the Senate, Surovell served six years in the House of Delegates. Surovell lives in Mt. Vernon with his wife and four children. He practices law and has dedicated his legislative career to fighting for Northern Virginia’s fair share, protecting consumers, and preserving our environment for future generations.
Sign up for the Blue Virginia weekly newsletter
