Constitutional amendment; fundamental right to marry, same-sex marriage prohibition.
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SJ 5 — Constitutional amendment; fundamental right to marry, same-sex marriage prohibition.
Last action — Left in Privileges and Elections
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644(2015). The amendment provides that the right to marry is a fundamentalright inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to 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. Religiousorganizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.
Bill Text
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100319D Current pdf December 22, 2021
Action History
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Left in Privileges and Elections
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Subcommittee failed to recommend reporting (4-Y 6-N)
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Assigned P & E sub: Subcommittee #1
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Referred to Committee on Privileges and Elections
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Placed on Calendar
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Read third time and agreed to by Senate (25-Y 14-N)
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Passed by for the day
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Read second time and engrossed
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Read first time
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Reported from Finance and Appropriations (13-Y 3-N)
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Rereferred to Finance and Appropriations
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Motion to rerefer to committee agreed to
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Reported from Privileges and Elections (10-Y 5-N)
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22100319D
Sponsors
- Jennifer B. Boysko · Cosponsor
- Barbara A. Favola · Cosponsor
- Joseph D. Morrissey · Cosponsor
- Ghazala F. Hashmi · Cosponsor
- Adam P. Ebbin · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 143 not signed on · 19 voted No
Sponsors (1)
Co-sponsors (4)
- Jennifer B. Boysko
- Barbara A. Favola
- Joseph D. Morrissey
- Ghazala F. Hashmi
Not signed on (143)
143 members have not signed on to this bill.
Show all 143 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 6 | 0 | 1 |
| Total | 4 | 6 | 0 | 1 |
| % of votes cast | 36% | 55% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Greenhalgh, Karen S. | — | Nay |
| Adams, Dawn M. | — | Yea |
| Adams, Les R. | — | Nay |
| Christopher T. Head | — | Nay |
| David A. Reid | — | Yea |
| Jackie H. Glass | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| McGuire, John J., III | — | Nay |
| Phillip A. Scott | — | Nay |
| Ransone, Margaret B. | — | Not Voting |
| Schuyler T. VanValkenburg | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 14 | 0 | 1 |
| Total | 25 | 14 | 0 | 1 |
| % of votes cast | 63% | 35% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 3 | 0 | 0 |
| Total | 13 | 3 | 0 | 0 |
| % of votes cast | 81% | 19% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 5 | 0 | 0 |
| Total | 10 | 5 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Mark J. Peake | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| T. Travis Hackworth | — | Nay |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SJ 5 do?
- Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644(2015). The amendment provides that the right to marry is a fundamentalright inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to 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. Religiousorganizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.
- Who sponsors SJ 5?
- SJ 5 is sponsored by Jennifer B. Boysko, Barbara A. Favola, Joseph D. Morrissey, Ghazala F. Hashmi, and Adam P. Ebbin.
- What is the current status of SJ 5?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SJ 5?
- Track SJ 5 free on One Click Politics — get push/email alerts when it moves.
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