On Election Day, Virginia voters are choosing yes or no on three statewide amendments covering reproductive care, marriage equality, and voting rights after prison.
Virginia’s Nov. 3 ballot goes beyond races for Congress. Three proposed changes to the state constitution ask voters to lock in or leave out protections that now sit mostly in ordinary law, according to the Virginia Department of Elections and Election Day explainers from WUSA9 and VPM.
Each question stands alone. A simple majority on that question is enough for it to pass. Changing the constitution later would require another amendment process, which Virginia Tech political scientist Karen Hult has described as unusually hard compared with most states, WUSA9 reported.
What’s on the ballot
- Question 1: Add a constitutional right to make personal decisions about prenatal care, childbirth, birth control, abortion, miscarriage care, and fertility care; shield patients and clinicians from punishment for those decisions; and still allow third-trimester abortion limits except when a patient’s health is at risk or the pregnancy cannot survive.
- Question 2: Strike the 2006 same-sex marriage ban from the constitution and affirm that two adults may marry regardless of sex, gender, or race, with equal treatment under state law.
- Question 3: Declare a fundamental right to vote, restore voting rights automatically after release from prison (including for murder and manslaughter), and narrow when courts can block voting for people who lack capacity to understand the act of voting.
How each side frames the votes
Supporters say writing these rights into the constitution protects them if courts or lawmakers reverse course. On Question 1, Virginians for Reproductive Freedom and Democratic leaders including Gov. Abigail Spanberger and Sen. Mark Warner argue the measure largely tracks current state law and would stop a future legislature from rolling back reproductive care, the Cavalier Daily reported. Medical groups backing a “yes” vote say personal health decisions should stay with patients.
Opponents urge “no,” especially on Questions 1 and 2. The Family Foundation of Virginia told followers on X on Election Day morning that Amendment 1 would erase parental-consent rules and weaken protections, and that Amendment 2 would write “gender ideology” into the constitution. Former Lt. Gov. Winsome Earle-Sears and other Republicans have also opposed Question 1, citing parental consent and regulation concerns, according to the Cavalier Daily. On Question 2, opponents say federal marriage equality already exists and that the amendment goes beyond marriage. On Question 3, critics want to keep individual review by the governor rather than automatic restoration after release, VPM reported.
Why it matters today
Early voting already shattered Virginia’s 2022 midterm pace, with about 1.6 million ballots cast before Election Day as of Oct. 31, according to the Virginia Public Access Project via VPM. Polls are open today. Whatever voters decide will shape how hard it is for Richmond to change the rules on care, marriage, and who can cast a ballot after leaving prison.
Sources: Virginia Dept. of Elections — Question 1; Question 2; Question 3; WUSA9; VPM; Cavalier Daily; Family Foundation of Virginia on X, Nov. 3, 2026
