RICHMOND — Virginia voters have approved three changes to the state constitution. They protect reproductive care, require equal treatment for all legal marriages, and restore voting rights automatically to people released from prison. The Associated Press called all three ballot questions on election night, Tuesday, November 3.
Reproductive freedom — 62.4% yes
Question 1 writes a fundamental right to reproductive freedom into the constitution. It covers personal decisions about prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage management and fertility care. The state can still regulate abortion in the third trimester of pregnancy, except when the patient’s life is at risk or the pregnancy is not viable. Unofficial results from the Virginia Department of Elections, with all 133 localities reporting, show 62.39% of voters said yes. The measure was sponsored by Delegate Charniele Herring of Alexandria. Gov. Abigail Spanberger has pointed out that Virginia is the only state in the South that has not restricted abortion since the U.S. Supreme Court overturned Roe v. Wade.
Marriage equality — 57.4% yes
Question 2 removes the state constitution’s ban on same-sex marriage. That ban has been unenforceable since the U.S. Supreme Court made same-sex marriage legal across the country in 2015, but it remained in the text. The amendment instead requires that all legally valid marriages be treated equally under the law, regardless of the couple’s sex, gender or race. Unofficial results show 57.38% voting yes. The measure was sponsored by former Senator Adam Ebbin of Alexandria.
Voting rights — 56.5% yes
Question 3 makes the right to vote a fundamental right in the state constitution. It also restores that right automatically to people convicted of felonies when they are released from incarceration. Until now, a person in that position had to apply and wait for the governor to restore their rights. Unofficial results show 56.47% voting yes. The measure, known in the legislature as SJ 248, was sponsored by Senator Mamie Locke of Hampton.
The results are not final yet
All of these figures are unofficial. The State Board of Elections has not yet certified the results, and mail ballots that were postmarked by November 3 and received by noon on November 6 can still be counted. The amendments take effect once the results are certified. Under Virginia’s rules, a constitutional amendment must pass the General Assembly in two separate years, with an election in between, before it goes to voters — a process these three measures completed this year.
A court challenge is already pending
The reproductive-freedom amendment already faces a legal challenge. Opponents have sued to strike it down, and a circuit court judge has set a hearing in the case for November 13. The amendment will stand unless a court rules against it. Supporters, including Lt. Gov. Ghazala Hashmi, called the three results a landmark for personal freedom in the state. Opponents campaigned against the measures during the election and are now testing the abortion amendment in court.
Sources: Associated Press; Virginia Department of Elections unofficial results; Virginia Scope; ALXnow.
