Democrats across Virginia celebrated last week after holding the state Senate and flipping the House. But with Republican Gov. Glenn Youngkin wielding power in the executive branch, how much of their blue agenda can they actually accomplish?
With narrow majorities in each chamber, Democrats won’t have the votes to overturn a veto — but there is another legislative option that allows the General Assembly to circumvent the governor.
Constitutional amendments must pass the General Assembly during two legislative sessions with an election in between. The amendments then need approval from Virginia voters to take effect. Given the state’s election schedule, any new amendments wouldn’t go before voters until 2026.
Senate Democrats pushed for several amendments this year related to abortion, voting and marriage equality, but the GOP majority in the House defeated the measures.
Sen. Adam Ebbin, D-Alexandria, said Democrats will renew those efforts in 2024 or 2025.
“Virginia Democrats have been supportive of removing the stain on our state constitution’s bill of rights that is the so-called marriage amendment,” he said. “We also need to pass the voting rights amendment for the restoration of rights for people who’ve paid their debt to society and a constitutional amendment to protect women’s reproductive rights.”
Ebbin carried an amendment this year to remove language in the state constitution that defines marriage as being between one man and one woman. He said he plans to reintroduce the measure at the upcoming legislative session.
Same-sex marriage advocates are concerned the U.S. Supreme Court might overturn Obergefell v. Hodges — the ruling that legalized same-sex marriage nationwide — after Justice Clarence Thomas wrote last year that the court should reconsider “substantive due process precedents” in that case and others.
Abortion rights also became a hot topic in Virginia after the Supreme Court overturned the landmark Roe v. Wade ruling last year.
Democrat Jennifer McClellan, a former state senator who has since been elected to Congress, proposed a constitutional amendment this year stating an individual had the right to make their own choices about matters related to a pregnancy. But Republicans did not let it advance out of a House committee, with some arguing such an amendment would be inappropriate.
McClellan’s measure was co-sponsored by several Hampton Roads Democrats, including returning Sens. Mamie Locke, Aaron Rouse, Louise Lucas and Del. Shelly Simonds. Other Hampton Roads Democrats elected to office this month, including Sen.-elect Angelia Williams Graves, Del.-elect Phil Hernandez, and Del. Jeion Ward, have expressed support for a constitutional amendment on abortion rights.
During a news conference Thursday hosted by Planned Parenthood, Del. Schuyler VanValkenburg, D-Henrico County, said he heard concerns about abortion rights constantly on the campaign trail.
“Since the election has been over, I’m hearing from even more people,” he said. “I’m hopeful that moving forward we can be constructive and put these protections in the constitution because that’s where it belongs.”
Also previously introduced was an amendment to automatically restore voting rights to residents who’ve served their time for a felony conviction.
Those with a felony conviction lose the right to vote in Virginia. The only way to get it back is to receive approval from the governor.
Youngkin spokesperson Macaulay Porter previously said that the governor carefully considers all requests.
“The Constitution places the responsibility to consider Virginians for restoration in the hands of the Governor alone, and he does not take this lightly,” Porter wrote in an email.
But lawmakers and voting rights activists have raised questions this year about the criteria used to make those restoration decisions.
At a news conference in April, Locke, the Hampton Democrat who introduced the voting rights amendment, called voting a “sacred right” and argued that it shouldn’t depend on the whims of the governor.
“Let it go to the voters and let the voters decide,” she said. “Why are we afraid of our voters?”
Ebbin said he believes all three amendments would be successful if put to a public vote as they deal with “realities of the 21st century.”
“I think the Republican blockage is one of the reasons they are in the minority right now,” he said.
Two recent polls indicate the public might be supportive of amendments on abortion and marriage equality.
A poll in 2021 from the Public Religion Research Institute found that 71% of Virginians supported same sex marriage rights.
Meanwhile, a poll last month from The Wason Center for Civic Leadership at Christopher Newport University found most Virginia voters supported either keeping the state law on abortion the same (49%) or making it less restrictive (23%). A smaller number (24%) said they wanted the the law to be more restrictive.
Katie King, katie.king@virginiamedia.com
