Virginia voters may decide on constitutional amendments related to abortion, same-sex marriage, and voting rights restoration for persons convicted of felonies in 2026. However, their placement on the 2026 ballot may depend on a Democratic majority in the state legislature following the state legislature elections later this year.
In Virginia, for a constitutional amendment to qualify for the ballot, it must pass the General Assembly in two successive legislative sessions. This means that an amendment must pass each legislative chamber, the House and Senate, in both 2025 and 2026.
Virginia currently has a Democratic majority in both the House of Delegates and the State Senate. The State Senate has had a Democratic majority since 2020. Control of the House of Delegates has alternated between parties since 2020. Democrats held control from 2020 to 2021, Republicans controlled the chamber from 2022 to 2023, and Democrats regained control in 2024. The House of Delegates currently has a 51-49 Democratic majority, while the State Senate has a 21-19 Democratic majority.
All 100 seats in the House of Delegates will be on the ballot this November. If Democrats lose their majority, it could affect whether the three proposed constitutional amendments make it onto the ballot.
Both the State Senate and the House of Delegates have passed their own versions of the constitutional amendments. For any of these amendments to clear the first session requirement, one version must pass the other chamber. However, to appear on the ballot, the same amendment must be approved by both chambers again in 2026.
The right to reproductive freedom amendment was introduced in the House as HJR 1 and in the State Senate as SJR 247. The amendment would amend the constitution to establish a right to reproductive freedom, which would be defined to include abortion. HJR 1 passed the House on Jan. 14, 2025, by a 51-48 vote, and SJR 247 passed the Senate on Jan. 21, 2025, by a 21-19 vote. All Democrats supported the amendment, while all Republicans opposed it.
Another amendment would repeal a provision providing that marriage is only between one man and one woman. The amendment was introduced as HJR 9 in the House and SJR 249 in the Senate. HJR 9 passed the House on Jan. 14, 2025, by a 58-35 vote, with 51 Democrats and 7 Republicans in favor and 35 Republicans opposed. SJR 249 passed the Senate on Jan. 21, 2025, by a 24-15 vote, with 21 Democrats and 3 Republicans supporting it and 15 Republicans voting against it.
The amendment was introduced in the House as HJR 2 and in the Senate as SJR 248. HJR 2 passed the House on Jan. 14, 2025, by a vote of 55-44, with support from 51 Democrats and 4 Republicans, while 44 Republicans opposed it. SJR 248 passed the Senate on Jan. 21, 2025, by a vote of 21-18, with all 21 Democrats in favor and 18 Republicans against.
Virginia Senate Majority Leader Scott Surovell (D-34) said, “The passage of three constitutional amendments today by the Senate are a major milestone towards recognizing the fundamental rights of all Virginians. Senate Democrats ran on codifying Roe v. Wade, affirming marriage equality and excising Jim Crow from the Constitution of Virginia and today we delivered. This starts the process of giving Virginia voters a chance to affirm cherished rights.”
Senate Minority Leader Ryan McDougle (R-26) criticized the right to reproductive freedom amendment for excluding language that would require parental consent for minors seeking an abortion. He said, “When it comes to the amendments, we pick parents’ abilities to be able to be involved in their children’s decisions as the highest priority. Those are the things that we are fighting for this session and will continue to fight for.”
Each version of the amendments has only passed one chamber. For an amendment to appear on the ballot, it must pass both chambers in 2025 and again in 2026.
Virginia is not the only state with a two-session requirement. In eight other states—Indiana, Iowa, Massachusetts, Nevada, New York, Tennessee, Vermont, and Wisconsin—state legislatures are required to pass a constitutional amendment over two successive legislative sessions to refer the amendment to the ballot.
Changes in legislative party control have often affected constitutional amendments requiring approval in two sessions. Between the 2010 and 2024 legislative sessions, 131 constitutional amendments were approved during one legislative session in the states with two-session vote requirements. However, 46 of these constitutional amendments (35.1%) failed during the second legislative session. From 2010 to 2024, when there was a change in party control of the legislature between legislative sessions, 81% (17 of 21) of the constitutional amendments approved during the first session failed, and 19% (4 of 21) passed during the second session.
In 2021, the Democratic-controlled legislature passed amendments on same-sex marriage and voting rights for felons. However, when Republicans gained control of the House in 2022, the House Privileges and Elections Subcommittee voted against the amendments, stopping them from advancing to the full chamber and preventing them from appearing on the ballot.
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