Virginia voters approved all three proposed amendments to the state constitution on Tuesday: a right to reproductive freedom, the repeal of the state's same-sex marriage ban and automatic restoration of voting rights after prison. With 132 of 133 localities reporting, unofficial results from the Virginia Department of Elections showed each question passing with between 55.91% and 61.98% of the vote. A Virginia amendment needs a simple majority of those voting on it.
| Question | Yes | No |
|---|---|---|
| 1: Reproductive freedom | 1,949,734 (61.98%) | 1,195,789 (38.02%) |
| 2: Marriage | 1,808,649 (57.06%) | 1,361,175 (42.94%) |
| 3: Voting rights | 1,768,688 (55.91%) | 1,394,742 (44.09%) |
The figures were current as of the department's 3:56 a.m. UTC update on Wednesday, or 7:56 p.m. Pacific on Tuesday. They become official only after the State Board of Elections certifies them.
What the abortion and marriage amendments do
Question 1 puts a fundamental right to reproductive care decisions into the state Bill of Rights. The ballot wording lists prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management and fertility care, and the amendment shields patients and medical staff from punishment over those choices.
The state's official explanation says the legislature can still regulate abortion in the third trimester. Any such limit must still allow an abortion when the pregnant person's life or health requires it, or when the fetus cannot survive.
Virginia's constitution still contains a ban on same-sex marriage, though the ban has been unenforceable since the Supreme Court's 2015 Obergefell v. Hodges ruling. The Question 2 explanation notes the ban would become enforceable again if the court overturned that decision. The amendment removes it and replaces it with a right to marry. The state cannot deny a marriage license to two adults because of their sex, gender or race, and it must treat all lawful marriages equally.
The law that sent the marriage question to voters, House Bill 612, says it takes effect Jan. 1, 2027.
Voting rights after a felony
Under current law, a felony conviction in Virginia costs a person the vote for life unless the governor restores it person by person. Question 3 limits that loss to the time someone is incarcerated. On release, the right to vote returns automatically, with no application to the governor.
The amendment also writes a fundamental right to vote into the constitution. It replaces the old ban on voting by people found "mentally incompetent" with a narrower rule: a court has to find specifically that a person cannot understand the act of voting. The state's explanation adds that restoring the vote also restores the right to serve on a jury, run for office and be a notary public.
