The Virginia House Advances Constitutional Amendments regarding the Killing of Babies up to 40 Weeks

On Wednesday, a Democratic-led House of Delegates committee advanced three constitutional amendments. This included a revised measure that sought to enshrine the right to abortion in the highest law of the state. The new proposal also requires that third-trimester terminations be approved by only one doctor, instead of the three doctors currently required.

The 22 members of the House Privileges & Elections Committee voted in favor of amendments that would extend constitutional protections for marriage equality, and restore voting rights to felons after they have served their sentence.

The committee’s chair, Del. Marcia Price, D-Newport News said during a short news conference on Wednesday afternoon. “We came to work today to protect the rights and freedoms of all Virginians.”

The committee members were shocked to see the revised language of the abortion amendment in HJ1. They only noticed the changes once the meeting had already begun. Price took a 5-minute break to give lawmakers time to read the revised language.

“I’m still trying to figure what happened today,” said a visibly upset House Minority Leader Del. Todd Gilbert, R, Shenandoah said following the three-hour meeting. “I don’t remember ever seeing anything this quick, where we weren’t able to review something so important and life-and death decisions.

Gilbert warned Price that his decision not to allow the committee to have more time to examine the revised legislation could set a precedent in how the House conducts business going forward.

Gilbert stated that “we were given literally five minutes to look at the issue before we had decide what we were dealing with. I don’t think we know what it is, but it’s pretty obvious that this extreme version of protecting abortion goes beyond what other states have done.”

Price defended, however, her decision to vote on the proposal.

She said, “We have an extensive legislative process like any other committee. [The resolution] will be brought to the floor so that (Republicans), will have the opportunity to make amendments and have their voices heard.”

Virginia takes a few years to amend its state constitution. The amendment must be approved twice by the General Assembly, and then approved by both houses of the Virginia legislature. The amendment can only be put to a statewide vote after the legislature has approved it.

The next Virginia election is scheduled for November 2025. Therefore, the committee’s three amendments could only be placed on the ballot in November 2026 if they are approved by the legislatures of 2025 and 2026.

The right to abortion amendment

Currently, Virginia law requires three doctors to approve third-trimester terminations. This requirement would be reduced to one doctor if a late-term termination is necessary to protect a pregnant woman’s life, their mental or physical health, or if a physician determines that the fetus cannot survive.

During the hearing on Wednesday, abortion opponents lined up in order to oppose the proposal.

Olivia Turner, the president of the Virginia Society for Human Life told the panel her group was against both the original and the substitute amendment.

Turner stated that “we don’t really know what this new version is and how it’ll impact our ability to pass reasonable and rational protective laws for the future as Virginians.”

Gilbert, the House minority leader, stated that the amendment capsized Roe v. Wade. This 1973 Supreme Court decision established abortion as a right under the Constitution and was repealed by 2022.

“Roe V. Wade contains a compelling state-interest in protecting the unborn life at a certain stage of pregnancy.” Gilbert stated that this amendment does not contain any protection, but leans the opposite direction.

The legislation that was just passed, without us having the chance to examine it, consider it, compare notes or consult experts, is only geared towards protecting the patient. This is the mother. There is no longer any protection for the unborn that was envisaged and embodied by Roe v. Wade .”

House Majority leader Charniele Herring (D-Alexandria), the sponsor of HJ1, stated that her amendment takes into account both the state’s interest in protecting unborn children and the life of the mother.

“The parameters have been set so that if there’s a live fetus there are protections.” If there is a complication, the doctor and mother can decide to terminate the miscarriage. “They do coexist,” Herring explained.

The abortion rights activists urged the committee members to vote for the amendment. This amendment will protect Virginians’ rights to make their reproductive health care choices, including abortion, contraception and fertility treatment, said Jamie Lockhardt.

No one is more qualified than an individual and their health care provider to make these complex personal decisions. The individual and their healthcare provider are the best qualified to make these personal, complex decisions .”

After defeating the Republican motion to kill off the proposed amendment, a party-line vote of 12-9 was used to advance the measure.

Restoration of Rights Amendment

HJ2, sponsored and promoted by Del. Elizabeth Bennett-Parker (D-Alexandria) wants to automate a process that restores voting rights to those convicted of felonies who have completed their sentences. This proposal is in response to the 2023 policy changes implemented by Governor. Glenn Youngkin, who is a new governor in Virginia, requires that people with felony convictions apply proactively to regain voting rights after release from prison.

Bennett Parker said to reporters on Wednesday that she proposed an amendment that would automatically restore voting rights to individuals released from prison. She claimed this would create a “just and bare society”.

“The disenfranchisement is a relic from Virginia’s Jim Crow history and was deliberately inserted into 1902 Virginia Constitution in order to disenfranchise the maximum number of Black voters,” Bennett-Parker stated. She said that the right of a person to vote was fundamental, and that the amendment would ensure that after a person served their sentence they will be able to regain their rights to take part in the democratic process.

Virginia is the only State that permanently disenfranchises all people with felony convictions, unless the individual petitions the Governor for their rights to be restored. There is no transparency in the current system, and it changes every four-years. No one knows how to restore their rights. This amendment will create a transparent process with clear criteria and rules that apply to everyone .”

With a party-line vote of 12-9, the committee supported HJ2.

Marriage equality is a constitutional amendment.

Although in 2014 the U.S. Supreme Court ruled that same-sex couples are allowed to marry, the California Constitution still contains the Marshall-Newman Amendment of 2006, which limits marriage to one man and only one woman, and prohibits any legal status resembling “the design or qualities of marriage” or its effects.

It could be law again if the Supreme Court were to overturn its ruling from 2014 one day. Mark Sickles of Arlington, D, sponsored HJ9 to repeal the existing constitutional provision. This would make marriage a fundamental right inherent in freedom, without regard to sex or gender.

Jeff Caruso told the committee, as executive director of Virginia Catholic Conference, that his group had been opposing efforts to repeal Marshall-Newman Amendment since more than 16 years.

Narissa Rahaman, executive director of Equality Virginia pushed back on that notion. She reminded the panel there are today more than 20,000 couples who share more similarities than differences compared to couples who marry in traditional marriages.

Here in Virginia, we’ve seen how a State has evolved its views on same-sex relationships and LGBTTBQ people in general. Rahaman stated that it is now time for Virginia to complete its evolution and protect marriage equality for everyone.

The amendment was approved by the committee on a 16-5 bipartisan vote. Four Republicans joined Democrats.

Sickles stated, “I believe our simple amendment will be well received by Virginians and I am really grateful for the vote taken today in the committee.”

The General Assembly will vote on all three amendments during its session in 2025, which starts in January.