More amendments advance out of House
Restoration of rights and the removal of the ban on same sex marriage.
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Virginia House passes Restoration of Rights amendment proposal
The House of Delegates passed constitutional amendment proposals on Tuesday. The Senate Privileges and Elections Committee also advanced their versions of these amendments.
HJ 2, sponsored by Del. Elizabeth Bennett-Parker, D-Alexandria, would automatically restore voting rights to individuals after incarceration for a felony conviction.
“The proposed constitutional amendment provides an affirmative fundamental right to vote for qualified voters,” Bennet-Parker said on the floor. “It also provides for the automatic restoration of political rights once a person with a felony conviction is released from incarceration. And it also strengthens protections for individuals with disabilities, fostering a more just and fair society.”
“Virginia is the only to permanently disenfranchise all individuals with a party conviction unless they individually petition the governor for rights restoration,” she continued. “The current system has no transparency and changes every four years, so no one knows what steps they need to take to get their rights restored this amendment creates a process that is transparent and bound by clear rules that will apply to everyone, and is not left the complete discretion of a single individual.”
Del. Mike Cherry, R-Colonial Heights, proposed to change the proposal to make automatic restoration of voting rights for only non-violent offenders and offenders who have finished paying restitution, but those motions were killed.
House Minority Leader, Todd Gilbert, R-Shenandoah, said he would have considered supporting the amendment if Cherry’s changes were accepted.
“I would have considered it,” Gilbert said. “I do think there has to be a process. And I think I am sympathetic to the idea that people should have the ability to participate again in our system. But I do think, especially for people who've done kind of the worst of the worst things, that there should be a process. I think Del. Cherry’s amendments would have gone a long way toward satisfying me in that regard, but we'll never know. Will we?”
Del. Paul Milde, R-Stafford, while opposing the amendment, spoke about his personal experience of having to apply for his voting rights to be restored during a committee meeting in November. He was convicted of cocaine possession in 1986, a felony charge.
“I believe I’m the only one up here with direct personal experience,” Milde said during the debate. “I, like thousands of others, a few of which we’ve heard from, went through a lengthy deliberative process to regain my rights that started with completing my court-imposed sentence in its entirety, including paying restitution to the victims and fines. I was incentivized to be a better member of society because I knew there was a process.”
He opposed the amendment again on Tuesday.
“I had hoped Del. Cherry’s amendments would have passed so that I could have spoken favor, albeit with some reservations,” Milde said. “However, as it stands, I’m going to strongly oppose the amendment.”
“It is crucial that we provide opportunities for redemption in a thoughtful and measured manner, “he continued.
Del. Marcia Price, D-Newport News, pushed back on what she called hypocrisy from Republicans, who used bible quotes to oppose an amendment guaranteeing the right to reproductive freedom while ignoring parts of the bible that talk about forgiveness for the restoration of rights amendment.
”I’m just really confused, because, funny enough, the religious language is inconsistent and hypocritical,” she said on the House floor. “And I would point to my colleague to remind us that hypocrisy is the word of the day. So here’s the hypocrisy from HJ 1 to HJ 2. Mr. Speaker, it has been a glaring omission, because I will admit it is really hard to remain consistent with one’s religious tenants while trying to deny a second chance to someone who has already served their time.”
The proposal passed 55-44, with a few Republicans voting with Democrats.
The Senate Privileges and Elections Committee passed their own version of this proposal Tuesday afternoon on a 8-6 vote.
The House also passed HJ 9, sponsored by Del. Mark Sickles, D-Fairfax, which would remove the language from the Virginia Constitution stating that a marriage is only between a man and a woman.
“Love is love, and now we're one step closer to ensuring that our Constitution finally reflects that," Sickles said.“By advancing the removal of the ban on same-sex marriage, civil unions and domestic partnerships, Virginians will be protected should the Supreme Court reverse its historic decision. Let’s let the voters decide this– I think they will affirm the dignity and rights of all couples and families in our Commonwealth.”
That section of the Constitution and other related provisions are no longer valid due to the United States Supreme Court’s decision in Obergefell v. Hodges, which allowed for same-sex marriage across the country.
Two Republicans on the Senate P&E Committee, Sen. Tara Durant, R-Fredericksburg, and Sen. Danny Diggs, R-York, voted with Democrats to remove the ban.
Additionally, the Senate passed its version of the amendment proposal to guarantee the right to reproductive freedom on a party line vote. The full House passed a version of this earlier in the day.
These proposals will have to pass in both chambers during this session and then again with the same language next year before going to the voters in Virginia for final passage.
The governor is not involved in the amendment process.
Republicans hope to use these amendments against Democrats in the upcoming House elections this November.
Democrats do not seem too worried.
Sickles believes Virginians will support these measures when they learn about them
“If I'm wrong, we'll find out at the ballot box,” he said.
Virginia House advances constitutional amendment for right to reproductive freedom
This is the Virginia Scope daily newsletter covering Virginia politics from top to bottom. Please consider becoming the ultimate political insider by supporting non-partisan, independent news and becoming a paid subscriber to this newsletter today.