On Jan. 21, the Virginia State Senate passed three constitutional amendments that, if finalized through the state’s lawmaking process, will protect abortion and same-sex marriage while allowing released felons to vote.
The abortion and voting amendments passed along strict party lines, with the Democrat majority prevailing, 21-19. The same-sex marriage amendment passed by a 24-15 vote, with three Republicans voting for it.
The amendments previously passed in the Virginia House on Jan. 14. Every House Republican voted against the abortion amendment, while some voted in favor of the same-sex marriage and voting amendments.
The abortion amendment, known as SJ247, provides that “every individual has the fundamental right to reproductive freedom, 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.”
Currently in Virginia, abortion is legal through the second trimester of a pregnancy, and three doctors must certify an abortion in the third trimester, under the conditions that “the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.” In addition, minors seeking an abortion are required to have parental consent.
However, SJ247 allows only one doctor to certify an abortion beyond the second trimester. Republican delegates are also concerned the amendment could also usurp the requirement for minors to receive parental consent for an abortion.
Virginia House Delegate Carrie Coyner, a mother of three, noted the disparity between having parental guardianship over a child’s wellbeing while having no protection over a child’s abortion decision.
“I am required to be present for every single one of my children’s doctor appointments today,” Coyner, a Republican, said. “For everything as mundane as a cold, to annual routine physicals to play in school sports, but this amendment would allow my daughter and countless others to make a decision that could change the course of her life without ever consulting me.”
Republican delegates labeled the amendment as the “most extreme abortion amendment in the nation.” Among Republicans repelled by the abortion amendment was Delegate Timothy Griffin.
“This is the most extreme law in the South,” Griffin said. “It puts us way far to the left of the Carolinas, of Florida, Georgia, and every other Southern state.”
The other amendments passed by the Senate include SJ249 and SJ248.
SJ249 provides that the state will “recognize any lawful marriage between two adult persons and treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.”
The amendment removes “That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions” from Article I of Virginia’s Bill of Rights, replacing it with the statement “marriage is one of the vital personal rights essential to the orderly pursuit of happiness.”
SJ248 states that “upon release from incarceration for that felony conviction and without further action required of him, [a felon] shall be invested with all political rights, including the right to vote.”
Since pending constitutional amendments cannot be vetoed by a governor, Republican Gov. Glenn Youngkin cannot bar the measures. To pass into law, the amendments must be ratified in both chambers twice within two years, as well as receive approval in an intervening election. Virginians then complete a ballot vote to finalize an amendment’s adoption or dismissal.
Photo: Alamy