HomeThree Ballot Amendments

Proposed Constitutional Amendments

Three Proposed Constitutional Amendments

Virginia voters will decide three proposed amendments to the Virginia Constitution on November 3.

The League of Women Voters of Virginia supports all three proposed amendments.

Below, you can learn what each amendment would change, why the League supports it, and important details about what the proposed amendment would—and would not—do.

Question 1

Reproductive Freedom

What would change?

The amendment would add a fundamental right to reproductive freedom to the Virginia Constitution. It would protect decisions involving prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.

Why the League supports it

The League of Women Voters of Virginia supports the amendment as a constitutional protection for individuals to make reproductive health-care decisions without undue government interference. The materials being shared by the League emphasize personal medical decision-making and long-term protection of reproductive freedom.

Important detail about third-trimester abortion

The amendment would still allow Virginia to regulate abortion care during the third trimester. However, the state could not prohibit abortion care when it is medically needed to protect the life or health of the pregnant person, or when the fetus is not viable.

In other words: the amendment would not create an unrestricted right to abortion throughout pregnancy. It specifically allows third-trimester regulation while preserving the medical and viability exceptions described above.

What you will see on the ballot

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?

Official Virginia explanation for voters

Present law: The Virginia Constitution does not currently provide an explicit right to reproductive freedom or explicitly protect or prohibit particular health-care procedures or decisions.

Proposed amendment: The amendment would add to the Virginia Constitution's Bill of Rights a fundamental right to make and carry out decisions about a person's own reproductive care, subject to specified exceptions. It would allow Virginia to regulate abortion care in the third trimester, but any such law would have to permit abortion care when medically needed to protect the life or health of the pregnant person or when the fetus is not viable.

Read the full Virginia Department of Elections explanation of Question 1 →

Question 2

Marriage Equality

What would change?

The amendment would remove Virginia's existing constitutional ban on same-sex marriage. It would establish a fundamental right to marry and require Virginia to recognize and treat equally under the law any lawful marriage between two adults, regardless of sex, gender, or race.

Why the League supports it

The League of Women Voters of Virginia supports the amendment as a way to protect the freedom to marry, ensure equal treatment of legally valid marriages, and remove discriminatory language from the Virginia Constitution.

Important context

Same-sex marriage is currently legal in Virginia and throughout the United States because of the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges. However, Virginia's Constitution still contains its prohibition on same-sex marriage. That prohibition is currently unenforceable, but it remains part of the state Constitution.

In other words: the amendment would remove the existing prohibition from Virginia's Constitution and replace it with an affirmative constitutional protection for lawful marriages between two adults, regardless of sex, gender, or race.

What you will see on the ballot

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?

Official Virginia explanation for voters

Present law: Virginia's Constitution prohibits marriages, civil unions, and similar legal relationships between persons of the same sex or gender. That prohibition is no longer enforceable because of the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, but the language remains in the Virginia Constitution.

Proposed amendment: The amendment would remove that prohibition from the Virginia Constitution's Bill of Rights and replace it with a fundamental right to marry. Virginia would be required to recognize and treat equally any lawful marriage between two adults regardless of sex, gender, or race, and could not deny a marriage license to two adults on those grounds.

Read the full Virginia Department of Elections explanation of Question 2 →

Question 3

Right to Vote

What would change?

The amendment would establish a fundamental right to vote in the Virginia Constitution. A person convicted of a felony would be unable to vote while incarcerated but would automatically regain the right to vote upon release from incarceration, without having to apply to the Governor for restoration.

The amendment would also change the Constitution's provision concerning mental capacity. Voting rights could be restricted only when a court has found that a person lacks the capacity to understand the act of voting.

Why the League supports it

The League of Women Voters of Virginia supports the amendment as a way to protect voting as a fundamental right and provide automatic restoration of voting rights after release from incarceration. The materials being shared by the League emphasize ending lifelong disenfranchisement and allowing people who have completed their incarceration to participate again in civic life.

Important detail about restoration of voting rights

Restoration would occur automatically upon release from incarceration. A person would not have to wait until completing probation or parole, and no separate application to the Governor would be required.

In other words: a felony conviction would prevent a person from voting while incarcerated, but the right to vote would return automatically upon release.

What you will see on the ballot

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?

Official Virginia explanation for voters

Present law: Under the Virginia Constitution, a person convicted of a felony loses the right to vote unless the Governor takes action to restore that individual's voting rights. The Constitution also restricts voting by persons found by a court to be incapacitated, regardless of the type of incapacity.

Proposed amendment: The amendment would establish a fundamental right to vote for qualified persons in Virginia. A person serving a sentence of incarceration for a felony conviction would be unable to vote while incarcerated but would automatically regain the right to vote upon release, without applying to the Governor.

The amendment would also require a court to make a specific finding that a person lacks the capacity to understand the act of voting before that person's voting rights could be restricted. According to the official explanation, restoration of the right to vote would also restore associated rights to serve as a juror, be elected to office, and serve as a notary public.

Read the full Virginia Department of Elections explanation of Question 3 →

Check Your Ballot on VOTE411

Ballots and contests can vary by address. Use VOTE411, the League of Women Voters’ nonpartisan voter guide, to see what is on your ballot and learn more about the election.

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Important Note

Because voting details can vary by address and election type, always confirm your registration, polling place, and ballot information through the Virginia Department of Elections, your local registrar, and VOTE411.