At the idyllic setting this Monday for the annual Labor Day fundraiser of State Del. Marcus Simon in the backyard of a Falls Church home just off W. Broad, the theme of the annual event was the honoring of the memory of the late Del. Jim Scott, whose wife was again there.

But with the statewide race involving Sen. Mark Warner now considered not close, the main theme of the event became the three initiatives on this November ballot pertaining to statewide ballot measures that if passed will enshrine in the state constitution gains for human rights that will not be easily undone.

So, the theme of the party was, as stated on a popular sign, “Simon Says, Pass These Three Measures!” The first has to do with women’s reproductive rights, the second gay marriage, and the third the ability of persons convicted of felonies to reclaim their voting rights once their sentences have been served out. With early voting beginning in just over a week, on September 18, the importance of the three measures dominated the speeches.

All three need to pass to ensure they can’t easily be undone down the road.

Question One pertains to guaranteeing reproductive rights for women facing a decision on abortion or other matters pertaining to their reproductive rights.

Question Two repeals the Marshall-Newman amendment passed in 2006 that restricted marriage to an act between two persons of the opposite sex.

But this year, the same sex marriage amendment passed through consecutive legislative sessions in the General Assembly to reach the statewide ballot. While civil rights groups and equality advocates urge a “yes” vote to secure modern protections, some conservative religious organizations have voiced opposition, raising concerns over how state equal treatment mandates might interact with religious liberties and institutions. But if a majority of voters approve the measure this November, Virginia will officially enshrine marriage equality in its state constitution. 

The referendum asks citizens if they want to remove the 2006 Marshall-Newman Amendment, which defined marriage solely as a union between one man and one woman. While same-sex marriage has been legal nationwide since the 2015 Obergefell v. Hodges ruling, the old prohibition remains in the Virginia Constitution. If approved, Question 2 will replace that language with an affirmative guarantee.

The updated text explicitly prohibits the state and its local governments from denying a marriage license to two adults based on sex, gender, or race. It also mandates that the commonwealth must recognize any lawful marriage between two adults and treat all valid marriages equally under state law.

Supporters argue that cleaning up the state constitution is a vital step to safeguard the freedom to marry. According to MultiState Elections, “Removing it is a symbolic and practical alignment with federal law, and protects against any future reversal of Obergefell.” Proponents emphasize that putting equal rights directly into state foundational law offers a crucial backup if federal precedents ever change.

According to the State Sen. Adam Ebbin,  “Senate Democrats stand for fairness and equality, and this amendment reflects those values. By affirming the right of all Virginians to marry the person they love, regardless of gender, sex, or race, we are ensuring that every constituent in our Commonwealth is treated with dignity and respect. This is about respecting the law of the land, recognizing the realities of the 21st century, and creating a more inclusive Virginia for future generations to follow.”

Narissa Rahaman, executive director of Equality Virginia said, “No family in Virginia should have to wonder whether their rights will be protected tomorrow, and no couple should have to question whether their marriage is viewed as less worthy than their neighbors.”

The GLAAD organization has stated, “By voting yes, Virginia can lead the way and send a powerful, positive message to the entire country: love, commitment, and family are universal values that belong to every American. It is a historic chance for Virginians to affirm that all families deserve respect and equal protection, setting a standard for progress nationwide and inspiring hope for LGBTQ equality elsewhere. The fundamental freedom to marry belongs to us all, regardless of religion or political background; and should not be undone.”

The Virginia chapter of the American Civil Liberties Union (ACLU) is urging Virginians to vote yes on all three constitutional amendments on the ballot this November, arguing that the measures would provide stronger state-level protections for reproductive freedom, marriage equality and the restoration of voting rights.

Supporters say the amendments would give Virginia voters an opportunity to place those protections directly in the state constitution, making them more difficult for future governors or General Assemblies to reverse through changes in state law.

The push comes amid broader national debates over the durability of federal civil-rights protections, particularly following the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade. Advocates for the Virginia amendments have argued that constitutional protections at the state level provide an additional safeguard should federal law or court precedent change in the future.

That was the argument made by ACLU of Virginia Executive Director Mary Bauer as the amendments began moving through the General Assembly in January 2025.

“As our civil rights and civil liberties face threats at the federal level, it’s even more important that we safeguard them here at home. Protecting Virginians’ rights will require amending Virginia’s constitution, which is a deeper and longer-lasting commitment than enacting a new law. Today was the first step of this legislative session in a multi-year process, one that will culminate in Virginians themselves voting on whether to enshrine in Virginia’s constitution our right to marry the person they love, make their own private decisions about their reproductive health, and have a say in our democracy. With our partners, we’ll be there every step of the way until Virginians’ core civil rights are safely out of the reach of partisan politics,” Bauer said in a Jan. 14, 2025 statement.

At Monday’s fundraising picnic, Del. Marcus Simon urged supporters not to take passage of the amendments for granted and emphasized the importance of turning out voters this fall. He reminded attendees that early voting begins Sept. 18 in Virginia.