On November 3rd, Virginia voters will decide on three proposed amendments to the state constitution concerning reproductive freedom, marriage, and voting rights. The amendments would add a constitutional right to reproductive freedom, remove Virginia’s constitutional prohibition on same-sex marriage and require equal treatment of marriages, and automatically restore voting rights to people convicted of felonies upon release of incarceration.
Together, the measures represent one of the most consequential ballot slates for civil rights in the state’s recent history, including a rare opportunity for voters to enshrine protections directly into the state constitution, beyond the reach of a hostile legislature or a change in administration. All three amendments were approved by the General Assembly through Virginia’s constitutional amendment process and will appear on the November 2026 ballot.
Question 1: Reproductive Freedom
The first amendment establishes a constitutional right to reproductive freedom and access. The amendment defines the right as including decisions about prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care. It would also prohibit the Commonwealth from penalizing or prosecuting individuals for exercising those rights, as well as doctors, nurses, and others who assist patients with their voluntary consent.
The question voters will see on the ballot:
“Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient’s health is at risk or the pregnancy cannot survive?”
If passed, this would make Virginia’s protections some of the most durable in the South, solidifying it as the last Southern state without an abortion ban. This status would keep reproductive rights safe from the current legislature but also from whoever holds the governor’s office next. In a state where 8,570 people traveled from states like Georgia, Florida, and North Carolina in 2025 to receive healthcare, establishing reproductive access has never been more important. Virginia voters can impact generations to come in a Post-Dobbs environment.
Question 2: Marriage Equality
The second amendment would remove the Virginia Constitution’s existing language stating that only a union between one man and one woman may be recognized as a valid marriage. It would replace that language with a provision stating that marriage is one of the vital personal rights essential to the orderly pursuit of happiness.
The official ballot question asks:
“Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?”
Same-sex marriage has been legally recognized in Virginia since 2014 following a federal court ruling, and the U.S. Supreme Court recognized a constitutional right to same-sex marriage nationwide in Obergefell v. Hodges that same year. Virginia’s Constitution, however, still contains language prohibiting same-sex marriage. The proposed amendment would remove that language and establish equal treatment of legally valid marriages in the state constitution.
If approved, the amendment would take effect January 1, 2027.
Question 3: Voting Rights Restoration
The third amendment would automatically restore voting rights to formerly incarcerated Virginians once they are released from prison and complete any additional required steps, such as parole or probation. Currently, Virginia is one of the few states where a person with a felony conviction must individually petition the governor to have their voting rights restored, producing a discretionary, case-by-case process which rights restoration advocates have long called arbitrary and disenfranchising.
The ballot question asks voters:
“Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent?”
The measure is a chance to achieve a meaningful structural shift for a state with a long history of disenfranchisement rooted in the 1901–02 Constitutional Convention. This is a long overdue evolution to a system that disproportionately affects Black Virginians, who continue to be incarcerated at far higher rates than white residents.
All three amendments made it to the ballot only after clearing Virginia’s demanding two-session passage rule, requiring approval from the General Assembly, an intervening House of Delegates election, and a second round of approval before voters ever see them. All three proposed amendments will appear on the November 3, 2026, general election ballot. If approved by voters, the amendments will take effect on January 1, 2027.
The three questions address different areas of Virginia law, but each would change the rights or protections established in the state constitution. Virginia voters will decide whether those changes become part of the Commonwealth’s governing document this November.
