by James C. Sherlock

To facilitate public consideration, this is the first of several articles on bills pre-filed by Democrats for the 2026 General Assembly. This one presents pre-filed amendments to the Constitution of Virginia.  

It will include the official summary of each and a link to the bill as filed. Some summaries are reasonably complete, some are not. So, if an issue is important to you, you are recommended to read the full bill.

I hope readers who comment will take a moment to consider the importance of thoughtful responses, approving or not, on this serious subject.

HJ1: Constitutional Amendment Fundamental Right to Reproductive Freedom.

Patroned by Delegate Charniele Herring, D-Alexandria, Constitutional amendment (second reference).

Provides that every individual has the fundamental right to reproductive freedom and that such right shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest, as defined in the amendment, and achieved by the least restrictive means. The amendment specifies that, notwithstanding the other provisions of the amendment, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion

(i) that, in the professional judgment of a physician, is medically indicated to protect the life or physical or mental health of the pregnant individual, or

(ii) when in the professional judgment of a physician, the fetus is not viable.

HJ2: Constitutional Amendment; qualification of voters right to vote

Patroned by Delegate Elizabeth Bennett-Parker, D-Alexandria, Constitutional amendment (second reference)

Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting.

A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote, a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority.

The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

HJ3: Marriage Equality. Marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry.

Patroned by Delegate Mark Sickles, D-Fairfax, Constitutional amendment (second reference);.

Repeals the constitutional provision defining marriage as only a union between one man and one woman, as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015).

The amendment prohibits the Commonwealth and its political subdivisions from denying 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 Commonwealth and its political subdivisions are required to recognize any lawful marriage between two adult persons and to treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.