The Virginia General Assembly approved four constitutional amendments on Jan. 16 that will be placed on the 2026 ballot for voters to decide. The amendments address policies on abortion, voting rights for persons with criminal convictions, same-sex marriage, and congressional redistricting.
This was the second time the amendments were approved by the Virginia General Assembly. The assembly first approved the amendments in the 2025 legislative session. In Virginia, a proposed constitutional amendment must be approved by the General Assembly in two successive legislative sessions before being placed on the ballot for voters to decide at an election.
HJR 4, the congressional redistricting amendment, will be placed on the ballot at a special election in April 2026. The other three will be placed on the general election ballot on Nov. 3, 2026.
For more information on the congressional redistricting amendment, see here. The following sections focus on the amendments certified for the November ballot
House Joint Resolution 1
House Joint Resolution 1 (HJR 1) would add a right to reproductive freedom to the state constitution. That is defined as "the right to make and effectuate one's own decisions about all matters related to one's pregnancy." The amendment also states that the right could be infringed upon “only when it is to ensure the protection of the health of an individual seeking care, consistent with accepted clinical standards of practice and evidence-based medicine.”
As of 2026, abortion is legal up until the third trimester based on a woman's last menstrual period in Virginia.
The state House approved HJR 1 in a vote of 64-34. The state Senate approved HJR 1 in a vote of 21-18. Both votes were along partisan lines, with Democrats voting yes and Republicans voting no.
State Sen. Jennifer Boysko (D-38) supports the amendment. She stated, “This is a victory for every woman and girl in the Commonwealth who believes in the right to make personal healthcare decisions without government interference. By protecting reproductive freedom in our constitution, we are standing up for the rights, health, and autonomy of Virginians.”
State Sen. Mark Peake (R-8) opposes the amendment. 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.”
House Joint Resolution 2
House Joint Resolution 2 (HJR 2) would provide that people convicted of felonies would be entitled to vote immediately following their release from incarceration. As of 2026, the governor can restore voting rights to a previously incarcerated felon on an individual basis.
The state House approved HJR 2 in a vote of 65-33. The state Senate approved HJR 2 in a vote of 21-18. Both votes were largely along partisan lines, with Democrats voting yes and Republicans voting no. One Republican, State Del. Mike Cherry (R-74), voted yes.
State Sen. Mamie Locke (D-23) supports the amendment. She stated, “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. By reinforcing these protections in our constitution, we are safeguarding the fundamental rights of our citizens and strengthening the integrity of our democracy.”
Former Del. Paul Milde (R-64) opposes the amendment. He stated, "I, like thousands of others, a few of which we’ve heard from, went through a lengthy deliberative process to regain my rights that started with completing my court-imposed sentence in its entirety, including paying restitution to the victims and fines. I was incentivized to be a better member of society because I knew there was a process.” Milde applied for his voting rights to be restored after he was convicted of a felony charge for cocaine possession in 1986.
House Joint Resolution 3
House Joint Resolution 3 (HJR 3) would remove the state’s constitutional ban on same-sex marriage. The state constitution states that a marriage recognized by the state of Virginia is, “only a union between one man and one woman.” Following the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, same-sex marriage bans have been inoperative. 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.
The state House approved HJR 3 in a vote of 67-31. Three Republicans and 64 Democrats voted yes, and 31 Republicans voted no; two Republicans were absent. The state Senate approved HJR 3 in a vote of 26-13. Five Republicans and 21 Democrats voted yes, 13 Republicans voted no, and one Republican did not vote.
State Sen. Adam Ebbin (D-39) supports the constitutional amendment. He said, “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.”
The Family Foundation of Virginia stated, “If passed, the repeal-and-replace marriage amendment would enshrine gender ideology into our state constitution, threatening girls' safety and sports, as well as basic religious liberties.” The statement referenced the wording in the amendment that references gender, specifically that the government must treat all “marriages equally under the law, regardless of the sex, gender, or race of such persons.”