Virginia Right to Reproductive Freedom Amendment (2026)
| Virginia Right to Reproductive Freedom Amendment | |
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| Election date |
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| Topic Abortion policy and Constitutional rights |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
The Virginia Right to Reproductive Freedom Amendment is on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports adding a section to the state constitution that establishes a right to reproductive freedom. |
A "no" vote opposes amending the state constitution and establishing right to reproductive freedom. |
Overview
What would the constitutional amendment do?
- See also: Text of measure
The amendment would amend the Virginia Constitution to establish the right to reproductive freedom. The amendment defines this as "the right to make and effectuate one's own decisions about all matters related to one's pregnancy."[1]
The amendment would provide that this right would not be infringed upon, unless justified by compelling state interest.[1] The amendment would prohibit the state from prosecuting or penalizing a mother or another individual from receiving or aiding in a miscarriage, stillbirth, or an abortion.
Measure design
Click on the following sections for summaries of the different provisions of the ballot initiative.[1]
Text of measure
Constitutional changes
- See also: Article I, Virginia Constitution
The ballot measure would add a Section 11-A to Article I of the Virginia Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
Section 11-A. Fundamental right to reproductive freedom.
That every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.
The Commonwealth shall not discriminate in the protection or enforcement of this fundamental right.
The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual based on such individual's own exercise of this fundamental right or such individual's own actual, potential, perceived, or alleged pregnancy outcomes, including miscarriage, stillbirth, or abortion. The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.
For the purposes of this section, a state interest is compelling only if it is for the limited purpose of maintaining or improving the health of an individual seeking care, consistent with accepted clinical standards of care and evidence-based medicine, and does not infringe on that individual's autonomous decision making.
This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of the section.[2]
Support
Virginians for Reproductive Freedom is leading the campaign in support of the amendment.[3]
Supporters
Officials
- Gov. Abigail Spanberger (D)
- State Sen. Lashrecse Aird (D)
- State Sen. Jennifer Boysko (D)
- State Sen. Barbara Favola (D)
- State Sen. Ghazala Hashmi (D)
- State Sen. Michael Jones (D)
- State Sen. Scott Surovell (D)
- State Del. Kimberly Adams (D)
- State Del. Jessica Anderson (D)
- State Del. Bonita Anthony (D)
- State Del. Alex Askew (D)
- State Del. Elizabeth Bennett-Parker (D)
- State Del. David Bulova (D)
- State Del. Katrina Callsen (D)
- State Del. Betsy Carr (D)
- State Del. Stacey Carroll (D)
- State Del. John Chilton McAuliff (D)
- State Del. Nadarius Clark (D)
- State Del. Laura Jane Cohen (D)
- State Del. Joshua Cole (D)
- State Del. Nicole Cole (D)
- State Del. Kelly Convirs-Fowler (D)
- State Del. Rae Cousins (D)
- State Del. Karrie Delaney (D)
- State Del. Lindsey Dougherty (D)
- State Del. Mark Downey (D)
- State Del. Michael Feggans (D)
- State Del. Lily Franklin (D)
- State Del. Debra Gardner (D)
- State Del. Jackie Glass (D)
- State Del. Elizabeth Guzman (D)
- State Del. Cliff Hayes (D)
- State Del. Dan Helmer (D)
- State Del. Rozia Henson (D)
- State Del. Phil Hernandez (D)
- House Majority Leader Charniele Herring (D)
- State Del. Patrick Hope (D)
- State Del. Karen Keys-Gamarra (D)
- State Del. Candi King (D)
- State Del. Paul Krizek (D)
- State Del. Amy Laufer (D)
- State Del. Destiny LeVere Bolling (D)
- State Del. Alfonso Lopez (D)
- State Del. Michelle Maldonado (D)
- State Del. Marty Martinez (D)
- State Del. Adele McClure (D)
- State Del. Delores McQuinn (D)
- State Del. Leslie Mehta (D)
- State Del. May Nivar (D)
- State Del. Marcia Price (D)
- State Del. Sam Rasoul (D)
- State Del. Atoosa Reaser (D)
- State Del. David Reid (D)
- State Del. Karen Robins Carnegie (D)
- State Del. Don Scott (D)
- State Del. Holly Seibold (D)
- State Del. Briana Sewell (D)
- State Del. Irene Shin (D)
- State Del. Marcus Simon (D)
- State Del. Shelly Simonds (D)
- State Del. Jas Singh (D)
- State Del. R.C. Sullivan Jr. (D)
- State Del. Joshua Thomas (D)
- State Del. Virgil Thornton Sr. (D)
- State Del. Luke Torian (D)
- State Del. Kathy Tran (D)
- State Del. Jeion Ward (D)
- State Del. Vivian Watts (D)
- State Del. Rodney Willett (D)
Organizations
- ACLU of Virginia
- American College of Obstetricians and Gynecologists - Virginia
- Equality Virginia
- Freedom Virginia
- League of Women Voters of Virginia
- National Council of Jewish Women Virginia
- National Latina Institute for Reproductive Justice Virginia
- Planned Parenthood Advocates of Virginia
- Progress Virginia
- Reproductive Freedom For All
Arguments
Opposition
Opponents
Officials
- State Sen. Tara Durant (R)
- State Sen. Ryan McDougle (R)
- State Sen. Mark Peake (R)
- State Del. Delores Oates (R)
Candidates
- John Reid (R) - Former Lt. Gov. candidate
- John Thomas (R) - Former candidate for State Senate
Former Officials
- Former Lt. Governor Winsome Earle-Sears (R)
- Former State Del. Todd Gilbert (R)
Organizations
- Heritage Action for America
- Students for Life Action
- Susan B. Anthony Pro-Life America
- The Family Foundation of Virginia
- Virginia Catholic Conference
- Virginia Society for Human Life
- Women Speak Out Virginia
Arguments
Polls
| Poll | Dates | Sample size | Margin of error | Support | Oppose | Undecided |
|---|---|---|---|---|---|---|
Virginia Commonwealth University Question"This past November, the Virginia House of Delegates advanced a joint resolution seeking to place abortion rights in the Virginia State Constitution. Do you agree or disagree with this resolution?" | – | 806 Residents | ± 4.73% | 62.0% | 30.0% | 9.0% |
The Wason Center Question"Would you support or oppose amending Virginia's constitution to guarantee reproductive rights, such as access to contraception and abortion?" | – | 806 RV | ± 3.60% | 61.0% | 32.0% | 8.0% |
The Wason Center Question"Would you support or oppose amending Virginia's constitution to guarantee reproductive rights, such as access to contraception and abortion? And would you say you strongly support/oppose or just support/oppose?" | – | 807 RV | ± 4.40% | 66.0% | 28.0% | 6.0% |
| Note: LV is likely voters, RV is registered voters, and EV is eligible voters. | ||||||
Background
Status of abortion in Virginia
- See also: Abortion regulations by state
As of 2026, abortion is legal up until the third trimester based on a woman's last menstrual period in Virginia. In Virginia, state law allows for exceptions to the ban on abortions in the third trimester based on a threat to the mother's life or general health.[4] State Medicaid funding is limited to abortions performed due to a threat to the mother's life, a fetal abnormality, or pregnancies resulting from rape or incest.[5]
Abortion regulations by state
As of January 7, 2026, 41 states restricted abortions after a certain point in pregnancy.[6] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:
- Thirteen states restrict abortion after conception
- Four states restrict abortion at six weeks post-fertilization
- Two states restrict abortion at 12 weeks post-fertilization
- Zero states restrict abortion at 15 weeks post-fertilization
- One state restricts abortion at 18 weeks since the last menstrual period
- Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
- Four states restrict abortion at 24 weeks since the last menstrual period
- Thirteen states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
The maps and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.
Some of the terms that are used to describe states' thresholds for abortion restriction include the following:
- Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[7]
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[8][9]
- Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[10]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[8]
- Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[11]
- Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[11]
Abortion restriction threshold maps
Abortion restrictions by state
| State abortion restrictions based on stage of pregnancy | ||
|---|---|---|
| State | Does the state restrict abortion after a specific point in pregnancy? | Threshold for restriction |
| Alabama | Yes | Conception |
| Alaska | No | None |
| Arizona | Yes | Fetal viability[12][13] |
| Arkansas | Yes | Conception |
| California | Yes | Fetal viability |
| Colorado | No | None |
| Connecticut | Yes | Fetal viability |
| Delaware | Yes | Fetal viability |
| Florida | Yes | Six weeks post-fertilization |
| Georgia | Yes | Six weeks post-fertilization |
| Hawaii | Yes | Fetal viability |
| Idaho[14] | Yes | Conception |
| Illinois | Yes | Fetal viability |
| Indiana | Yes | Conception |
| Iowa | Yes | Six weeks post-fertilization |
| Kansas | Yes | 20 weeks since last menstrual period |
| Kentucky | Yes | Conception |
| Louisiana | Yes | Conception |
| Maine | Yes | Fetal viability |
| Maryland | No | None |
| Massachusetts | Yes | 24 weeks post-fertilization |
| Michigan | No | None |
| Minnesota | No | None |
| Mississippi | Yes | Conception |
| Missouri | Yes | Fetal viability[15][16] |
| Montana | Yes | Fetal viability |
| Nebraska | Yes | 12 weeks post-fertilization |
| Nevada | Yes | 24 weeks post-fertilization |
| New Hampshire | Yes | 24 weeks since last menstrual period |
| New Jersey | No | None |
| New Mexico | No | None |
| New York | Yes | Fetal viability |
| North Carolina | Yes | 12 weeks post-fertilization |
| North Dakota | Yes | Conception[17][18] |
| Ohio | Yes | 20 weeks post-fertilization[19] |
| Oklahoma | Yes | Conception |
| Oregon | No | None |
| Pennsylvania | Yes | 24 weeks since last menstrual period |
| Rhode Island | Yes | Fetal viability |
| South Carolina | Yes | Six weeks post-fertilization |
| South Dakota | Yes | Conception |
| Tennessee | Yes | Conception |
| Texas | Yes | Conception |
| Utah | Yes | 18 weeks since last menstrual period |
| Vermont | No | None |
| Virginia | Yes | Third trimester since last menstrual period |
| Washington | Yes | Fetal viability |
| Washington, D.C. | No | None |
| West Virginia | Yes | Conception |
| Wisconsin | Yes | 20 weeks post-fertilization |
| Wyoming | Yes | Fetal viability[20] |
| Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed August 16, 2024; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed August 16, 2024; The Fuller Project, "How major abortion laws compare, state by state," accessed August 16, 2024 | ||
History of abortion ballot measures
- See also: History of abortion ballot measures
In 2024, 11 statewide ballot measures related to abortion were certified in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota for the general election ballot on November 5 — the most on record for a single year.
Ten of the ballot measures addressed state constitutional rights to abortion. Voters approved seven of them in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three measures were defeated in Florida, Nebraska, and South Dakota. One, in Nebraska, to limit the timeframe for when an abortion can be performed was approved.
From 1970 to 2025, there were 65 abortion-related state-wide ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).
Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.
The following graph shows the number of abortion-related ballot measures per year since 1970:
Constitutional rights
The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.
Constitutional interpretation
The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Kansas | 2022 | No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.03% | 58.97% |  |
| Kentucky | 2022 | No State Constitutional Right to Abortion Amendment | 47.65% | 52.35% | |
| Louisiana | 2020 | Amendment 1: No Right to Abortion in Constitution Amendment | 62.06% | 37.94% |  |
| Alabama | 2018 | Amendment 2: State Abortion Policy Amendment | 59.01% | 40.99% | |
| West Virginia | 2018 | Amendment 1: No Right to Abortion in Constitution Measure | 51.73% | 48.27% | |
| Tennessee | 2014 | Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 52.60% | 47.40% | |
| Florida | 2012 | Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment | 44.90% | 55.10% | |
| Massachusetts | 1986 | Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.83% | 58.17% | |
Path to the ballot
Amending the Virginia Constitution
- See also: Amending the Virginia Constitution
A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Versions of the amendment introduced in the 2024-2025 legislative session
Two versions of the amendment were introduced in the state House and Senate during the 2024-2025 legislative session: House Joint Resolution 1 and Senate Joint Resolution 247.
House Joint Resolution 1
The amendment was introduced as House Joint Resolution 1 (HJR 1) on November 11, 2024. On January 14, 2025, the amendment passed the House by 51-48. On January 31, the amendment passed the Senate by 21-18.[22]
| Votes Required to Pass: 51 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 51 | 48 | 1 |
| Total % | 51.0% | 48.0% | 1.0% |
| Democratic (D) | 51 | 0 | 0 |
| Republican (R) | 0 | 48 | 1 |
| Votes Required to Pass: 21 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 21 | 18 | 1 |
| Total % | 52.5% | 45.0% | 2.5% |
| Democratic (D) | 21 | 0 | 0 |
| Republican (R) | 0 | 18 | 1 |
Senate Joint Resolution 247
The amendment was introduced to the state Senate as Senate Joint Resolution 247 (SJR 247) on November 25, 2024. On January 21, 2025, the amendment passed the Senate by 21-19. The House passed SJR 247 on February 13, 2025, in a vote of 51-46.[23]
| Votes Required to Pass: 21 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 21 | 19 | 0 |
| Total % | 52.5% | 47.5% | 10.0% |
| Democratic (D) | 21 | 0 | 0 |
| Republican (R) | 0 | 19 | 0 |
| Votes Required to Pass: 51 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 51 | 46 | 3 |
| Total % | 51.0% | 46.0% | 3.0% |
| Democratic (D) | 51 | 0 | 0 |
| Republican (R) | 0 | 46 | 3 |
Virginia House of Delegates elections, 2025
Democrats expanded their majority in the Virginia House of Delegates on November 4, 2025, gaining 13 seats. Twelve Republican incumbents lost in Virginia, tying 2017 for the most incumbents defeated since 2011. Heading into the 2025 elections, Democrats had a 51-49 majority in the House.
House Joint Resolution 1 (2026)
Below is a timeline of the bill in the state legislature:[24]
- November 17, 2025: State Del. Charniele Herring (D-4) introduced House Joint Resolution 1 (HJR 1) to the state legislature in a prefile document.
- January 14, 2026: The House Privileges and Elections Committee voted 'yes' on the amendment in a vote of 15-7. The state House approved HJR 1 in a vote of 64-34, with two members absent or not voting. Sixty-four Democrats voted yes, 34 Republicans voted no, and two Republicans were absent. Additionally, the Senate Privileges and Elections Committee voted 'yes' on the amendment in a vote of 8-5.
- January 16, 2026: The state Senate approved HJR 1 in a vote of 21-18. Twenty-one Democrats voted yes and 18 Republicans voted no. One Republican did not vote.
Learn more about the ballot measures PDI →
| Votes Required to Pass: 51 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 64 | 34 | 2 |
| Total % | 64.0% | 34.0% | 2.0% |
| Democratic (D) | 64 | 0 | 0 |
| Republican (R) | 0 | 34 | 2 |
| Votes Required to Pass: 21 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 21 | 18 | 1 |
| Total % | 52.5% | 45.0% | 2.5% |
| Democratic (D) | 21 | 0 | 0 |
| Republican (R) | 0 | 18 | 1 |
How to cast a vote
- See also: Voting in Virginia
See below to learn more about current voter registration rules, identification requirements, and poll times in Virginia.
See also
View other measures certified for the 2026 ballot across the U.S. and in Virginia.
Explore Virginia's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Virginia State Legislative Information System, "House Joint Resolution 1," accessed January 16, 2026
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Virginians for Reproductive Freedom, "Homepage," accessed January 26, 2026
- ↑ Guttmacher, "State Bans on Abortion Throughout Pregnancy," accessed January 29, 2026
- ↑ The Fuller Project, "How major abortion laws compare, state by state," accessed January 29, 2026
- ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
- ↑ The Fuller Project, "How major abortion laws compare, state by state," accessed December 4, 2022
- ↑ 8.0 8.1 Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
- ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
- ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
- ↑ 11.0 11.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
- ↑ Voters approved Proposition 139 on November 5, 2024, amending the state constitution to provide for the fundamental right to abortion, among other provisions. The amendment was set to go into effect once Gov. Katie Hobbs (D) certified the election results following the November 25, 2024, canvass deadline.
- ↑ Axios, "When Arizona's new abortion measure will take effect," November 7, 2024
- ↑ In a 6-3 decision in Moyle v. United States (consolidated with Idaho v. United States), the U.S. Supreme Court on June 27, 2024, reinstated a U.S. District Court for the District of Idaho ruling that temporarily blocked the state of Idaho from enforcing the part of a 2022 law that barred abortion in case of certain medical emergencies.
- ↑ Voters approved Amendment 3, which provided for a right to abortion in the state constitution. The amendment was set to take effect 30 days after the election.
- ↑ Missouri Independent, "Missouri voters approve Amendment 3, overturn state’s abortion ban," November 5, 2024
- ↑ On November 21, 2025, the North Dakota Supreme Court ruled that SB 2150, a law prohibiting most abortions, was constitutional. While only two of the five justices believed the law was constitutional, it would have taken four justices to overturn the law.
- ↑ North Dakota Monitor, "North Dakota abortion ban deemed constitutional in split opinion from state Supreme Court," November 21, 2025
- ↑ Ohio voters approved Issue 1 in 2023, allowing the state to restrict abortion only after fetal viability. However, the state's previous restrictions on abortion—such as SB 127, which banned abortion at 20 weeks post-fertilization—remained on the books. As of August 2024, courts had not weighed in on the interaction between Issue 1 and the older laws.
- ↑ The Wyoming Supreme Court ruled on January 7, 2026, that two 2023 laws that placed restrictions on abortion and abortion pills violated the Wyoming Constitution
- ↑ Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
- ↑ Virginia Legislative Information Center, "HJR 1," accessed January 22, 2025
- ↑ Virginia Legislative Information Center, "SJ247," accessed January 22, 2025
- ↑ Virginia State Legislative Information System, "Overview of HJ1," accessed January 15, 2026
- ↑ Virginia Department of Elections, "Election and Voter FAQ," accessed December 23, 2025
- ↑ 26.0 26.1 26.2 26.3 Virginia Department of Elections, "How to Register," accessed December 23, 2025
- ↑ 27.0 27.1 Virginia Department of Elections, "Same-Day Voter Registration," accessed December 23, 2025
- ↑ Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
- ↑ Virginia Department of Elections, "Virginia Voter Registration Application," accessed December 23, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Virginia Department of Elections, "Voting on Election Day," accessed December 23, 2025
