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Virginia Right to Marriage Regardless of Gender Amendment (2022)

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Virginia Right to Marriage Regardless of Gender Amendment
Flag of Virginia.png
Election date
November 8, 2022
Topic
Marriage and family
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

The Virginia Right to Marriage Regardless of Gender Amendment was not on the ballot in Virginia as a legislatively referred constitutional amendment on November 8, 2022.

The ballot measure would repeal Question 1 (2006), which added language to the Virginia Constitution defining marriage as between one man and one woman.[1]

The ballot measure would add new constitutional language stating that "the right to marry is a fundamental right, inherent in the liberty of persons, and marriage is one of the vital personal rights essential to the orderly pursuit of happiness." The ballot measure would provide that the state shall "issue marriage licenses, recognize marriages, and treat all marriages equally under the law regardless of the sex or gender of the parties to the marriage."[1]

Text of measure

Full text

The full text is available here.

Path to the ballot

See also: Amending the Virginia Constitution

In Virginia, a constitutional amendment needs to be passed by a simple majority vote in both chambers of the state legislature over two consecutive legislative sessions to be certified for the ballot.

2020-2021 legislative session

State Sen. Adam Ebbin (D-30) introduced the constitutional amendment as Senate Joint Resolution 270 (SJR 270) on July 20, 2020. The Virginia State Senate voted to approve SJR 270 on February 5, 2021. The Virginia House of Representatives voted 60-37 to pass an amended version on February 15, 2021. The Senate voted 22-12 to approve the final version on February 19, 2021.[1]

Vote in the Virginia House of Delegates
February 15, 2021
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  Approveda
YesNoNot voting
Total60372
Total percent60.00%37.00%2.00%
Democrat5401
Republican6372

Vote in the Virginia State Senate
February 19, 2021
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 20  Approveda
YesNoNot voting
Total22125
Total percent56.41%30.77%12.82%
Democrat1902
Republican3123

2022-2023 legislative session

Legislators needed to approve the constitutional amendment again during the 2022-2023 legislative session before the proposal could appear on the ballot.

On February 15, 2022, the state Senate voted 25-14, with one absent, to approve the amendment, which was introduced in the 2022 session as Senate Joint Resolution 5. All Democrats and four Republicans voted in favor of it, and 14 Republicans voted against it.[2]

In the 2021 elections, the partisan control of the House changed from a 55-45 Democratic majority to a 52-48 Republican majority.

On March 1, 2022, a House Privileges and Elections Subcommittee voted down the constitutional amendment, preventing it from moving forward. The vote was 6-4, with Republicans opposed and Democrats in support.

Vote in the Virginia State Senate
February 15, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 20  Approveda
YesNoNot voting
Total25140
Total percent60.00%40.00%0.00%
Democrat2100
Republican4141

See also

External links

Footnotes