RICHMOND, Va. (CN) — The Virginia Senate voted Tuesday to advance a trio of constitutional amendments to guarantee Virginians’ right to abortion care, automatically restore voting rights to disenfranchised felons and remove an antiquated law banning same-sex marriage.
The measures, all brought by Democrats and which passed through the House of Delegates last week, spurred lengthy floor debate as lawmakers took turns giving speeches. After laying them on the table, the General Assembly continued the measures from last spring’s session. All three measures have passed the initial hurdle and will go through the bill process in 2025.
The General Assembly must pass the resolutions in two sessions to change the state’s constitution. This November, the entire House of Delegates is up for election, which could change Democrats’ control of the legislature. Should the amendments pass in 2025 and 2026, voters will have their say during the 2026 election.
State Senator Jennifer Boysko introduced the amendment that would grant every individual the fundamental right to reproductive health care, including the ability to make and carry out decisions relating to one’s own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management and fertility care.
Republicans criticized the measure as being too extreme and lacking guard rails. Several Republicans offered amendments limiting the constitutional amendment’s applicability to adults. Currently constructed, the amendment would allow minors to undergo abortion care without consulting their parents. Republicans argued that whether it’s field trip forms or allowing a student to take pain medicine in school, parental consent is needed for most things involving minors.
“Not until in recent years have we ever seen an assault against the rights of parents,” Republican state Senator Tara Durant said on the Senate floor. “Here we are in one of the most core invasions that could happen, and we’re rescinding that.”
Senate majority leader Scott Surovell responded that Supreme Court precedent gives parents the fundamental right to make decisions regarding their children’s care, custody and control. Virginia also has its own individual parental rights laws.
“That U.S. Supreme Court case trumps anything that we do in this body, in the code or otherwise,” Surovell said.
Durant replied that if the Democrats don’t think their amendment would impact parental rights, then they should be comfortable adding language specifying that minors need parental consent to undergo an abortion procedure.
“This body now has the golden opportunity to recognize and enshrine in the constitution that fundamental and moral right of parents,” Durant said. “Why leave that up for debate amongst the courts?”
Democratic state Senator Barbara Favola spoke in support of the amendment, adding that there are circumstances where a parent shouldn’t know their child’s reproductive health care decisions.
“Not every family is loving and supportive, not every family has the best interest of the child, and we have acknowledged that in our code, we do have parental consent,” Favola said. “We also have a judicial bypass because we have acknowledged as lawmakers for years that there are cases where the child is raped by her father, her stepfather. There are cases where the family would evict and have evicted their daughter because she became pregnant.”
Virginia currently has no bans on abortion. Boysko said the issue is a matter of life or death. The measure passed on a party-line vote of 21-19.
“It is the voters that will have the final say,” Boysko said on the Senate floor. “I respect that this is a painful day for some people, but our lives are on the line, and our constituents’ lives are on the line, and women need to be in control of their own bodies.”
State Senator Mamie Locke introduced the amendment automatically restoring voting rights after felons serve their sentence. Virginia is one of three states with a constitution that permanently disenfranchises citizens with past felony convictions but grants the state’s governor the authority to restore voting rights.
Republican state Senator Ryan McDougal said that felons should only regain the right to vote if they have made their victims whole. McDougal also argues that those who committed violent crimes should not automatically have their voting rights restored.
“Those cases should be done on an individual basis,” McDougal said on the Senate floor. “I do not think it should be blanket.”
The measure passed 21-18.
State Senator Adam Ebbin sounded surprised that his amendment repealing constitutional language defining marriage as only a union between one man and one woman — and the related provisions that are no longer valid as a result of the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, didn’t receive more bipartisan support.
“Very disappointed that only about three of our colleagues saw fit to recognize the reality of the 21st century,” Ebbins said at a press conference. “I think it’s really kind of indefensible not to be supportive or comply with the U.S. Supreme Court’s decision on marriage equality.”
The measure passed 24-15.
Following crossover day, which marks the halfway point of the legislative session, the measures will all need to pass in the opposite chambers.