Virginia’s 2025 House of Delegates election could decide the fate of three proposed constitutional amendments. One would remove a constitutional ban on same-sex marriage, one would create a constitutional right to reproductive freedom, and one would allow persons convicted of felonies to vote following their release from incarceration.
The constitutional amendment process in Virginia requires four steps:
- The amendment is approved by a simple majority of both the state House and Senate;
- There must be an election of the Virginia House of Delegates (all 100 House seats are up for election every two years);
- The amendment is approved a second time by a simple majority vote of both the state House and Senate; and
- The amendment is approved by voters in a statewide election.
Virginia is one of nine states that require two separate legislative sessions before placing a proposed constitutional amendment on the ballot for voters to decide.
Between the 2010 and 2024 legislative sessions, 131 constitutional amendments were approved during one legislative session in states with two-session vote requirements. However, 46 of these constitutional amendments (35.1%) failed during the second legislative session.
Furthermore, 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.
November 2025 House of Delegates election
All 100 seats in the House of Delegates are up for election in November 2025. As such, the 2025 statewide elections will influence the outcome of the 2026 votes on the constitutional amendments.
Ballotpedia identified 23 of the Virginia House of Delegates districts as battleground elections. As of September 2025, Democrats have a 51-49 majority in the House. The House has changed partisan control in every election since 2019, when it changed from Republican to Democratic control. Republicans regained the majority in 2021, and Democrats regained the majority in 2023
Repeal same-sex marriage ban amendment
One amendment would remove a provision in the Virginia Constitution that provides that marriage is only between one man and one woman. The amendment would also provide that the state will not deny the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons.
On Jan. 21, 60% of the state Senate passed Senate Joint Resolution 249 (SJR 249), the constitutional amendment, in a vote of 24-15. Twenty-one Democrats and three Republicans voted yes, and 15 Republicans voted no. One Republican was absent or otherwise not voting.
On Feb. 13, 58% of the state House approved SJR 249 in a vote of 58-34. Fifty-one Democrats and seven Republicans voted yes, and 34 Republicans voted no. Eight Republicans were absent or otherwise not voting.
The federal constitutionality of same-sex marriage was challenged in August due to a petition from Kim Davis, a former Kentucky county clerk. Davis refused to issue same-sex couples a marriage license and was fined and sentenced to six days in jail. Davis appealed to the U.S. Supreme Court, asking that it overturn Obergefell v. Hodges. Narissa Rahaman, executive director of Equality Virginia, said, “There’s a greater sense of urgency” surrounding the proposed constitutional amendment due to Davis’ petition.
State Sen. Adam Ebbin (D-39) supports the constitutional amendment. He stated, “By affirming the right of all Virginians to marry the person they love, regardless of gender, sex, or race, we are ensuring that every constituent in our Commonwealth is treated with dignity and respect. This is about respecting the law of the land, recognizing the realities of the 21st century, and creating a more inclusive Virginia for future generations to follow.”
Heritage Action for America states that the group opposes the amendment because it replaces the constitutional definition of marriage with “dangerous, precedent-setting language that distinguishes ‘sex’ from ‘gender’ in Virginia law for the first time.” A statement on their website says, “This would enshrine flawed legal standards that could be used to justify policies that threaten women’s safety and privacy.”
Create a right to abortion
Another constitutional amendment would establish a right to reproductive freedom, defined as the “right to make and effectuate one’s own decisions about all matters related to one’s pregnancy.”
On Jan. 21, 52.5% of the state Senate passed Senate Joint Resolution 247 (SJR 247) in a vote of 21-19. Twenty-one Democrats voted yes and 19 Republicans voted no.
On Feb. 13, 51% of the state House passed SJR 247 in a vote of 51-46. Fifty-one Democrats voted yes and 46 Republicans voted no. Three Republicans were absent or otherwise not voting.
State Sen. Jennifer Boysko (D-38) said the amendment would allow women to make healthcare decisions without government interference. She said, “By protecting reproductive freedom in our constitution, we are standing up for the rights, health, and autonomy of Virginians. This amendment ensures that individuals, not politicians, are in control of these deeply personal decisions, reflecting the values of freedom that we hold dear.”
State Sen. Mark Peake (R-8) said he opposes the amendment because it could infringe on a parent’s right to consent in situations where minors are pregnant. He stated, “There’s no age mentioned in the constitutional amendment that just says any individual has a right to an abortion, doesn’t distinguish between adults and minors so we’re very concerned that will do away with parental consent.”
Allow convicted felons to vote following release from incarceration amendment
The third constitutional amendment would amend the state constitution to allow persons convicted of felonies to vote following their release from incarceration.
On Jan. 21, 52.5% of the state Senate passed Senate Joint Resolution 248 (SJR 248) in a vote of 21-18. Twenty-one Democrats voted yes, and 18 Republicans voted no. One Republican was absent or otherwise not voting.
On Feb. 13, 55.0% of the state House passed SJR 248 in a vote of 55-42. Fifty-one Democrats and four Republicans voted yes, and 42 Republicans voted no. Three Republicans were absent or otherwise not voting.
State Sen. Mamie Locke (D-23), who supports the amendment, said, “This amendment is about ensuring that every eligible Virginian has their voice heard at the ballot box. Our democracy is strongest when everyone participates, and this measure ensures that no Virginian is unjustly excluded from the electoral process.”
Lieutenant governor nominee John Reid (R) stated that he opposes the amendment and believes that convicted felons should not have their voting rights automatically restored, but that they should instead petition the governor for the opportunity to restore their voting rights.