Virginia Right to Reproductive Freedom Amendment (2026)

Virginia Right to Reproductive Freedom Amendment
Election date November 3, 2026
Topic Abortion
Status Proposed
Type Constitutional amendment	Origin State legislature

The Virginia Right to Reproductive Freedom Amendment may appear on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026.

This measure would amend the Virginia Constitution to establish the right to reproductive freedom, which is defined as "the right to make and effectuate one's own decisions about all matters related to one's pregnancy." The amendment would provide that this right would not be infringed upon, unless justified by "a compelling state interest and achieved by the least restrictive means that do not infringe an individual's autonomous decision-making." The amendment defines that a state interest is compelling "only when it is to ensure the protection of the health of an individual seeking care, consistent with accepted clinical standards of practice and evidence-based medicine."

Text of measure

Full text

The full text of the ballot measure is available here.

Support

Supporters

Officials

• State Sen. Jennifer Boysko (D)
• State Sen. Barbara Favola (D)
• State Sen. Scott Surovell (D)
• State Del. Nadarius Clark (D)
• State Del. Joshua Cole (D)
• State Del. Michael Feggans (D)
• State Del. Phil Hernandez (D)
• State Del. Charniele Herring (D)
• State Del. Joshua Thomas (D)

Organizations

• Planned Parenthood Advocates of Virginia

Arguments

• State Sen. Jennifer Boysko (D-38): "This is a victory for every woman and girl in the Commonwealth who believes in the right to make personal healthcare decisions without government interference. By protecting reproductive freedom in our constitution, we are standing up for the rights, health, and autonomy of Virginians. This amendment ensures that individuals, not politicians, are in control of these deeply personal decisions, reflecting the values of freedom that we hold dear."
• LaTwyla Mathias, executive director at Progress Virginia: "We trust that pregnant people can make the best decisions about their bodies and their families, and we trust healthcare providers to provide the highest standard of care. Politicians in Richmond with no medical training have no business making these extremely intimate and personal decisions for us, and we believe our constitution needs to protect these basic liberties."

Opposition

Opponents

Officials

• State Sen. Tara Durant (R)
• State Sen. Todd Gilbert (R)
• State Sen. Ryan McDougle (R)
• State Sen. Mark Peake (R)
• Lt. Gov. Winsome Earle-Sears (R)

Candidates

• John Reid (R) - Lt. Gov. Nominee

Organizations

• Heritage Action for America
• The Family Foundation
• Virginia Catholic Conference

Arguments

• State Sen. Mark Peake (R-8): "There's no age mentioned in the constitutional amendment that just says any individual has a right to an abortion, doesn't distinguish between adults and minors so we're very concerned that will do away with parental consent."
• Lt. Gov. Winsome Earle-Sears (R): "I am morally opposed to this bill; no protection for the child."

Polls

See also: 2026 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Virginia Right to Reproductive Freedom Amendment
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Virginia Commonwealth University	12/18/14-1/15/25	806	± 4.73%	62%	30%	9%
	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?"

The Wason Center	1/6/25-1/13/25	806	± 3.6%	61%	32%	8%
	Question: "Would you support or oppose amending Virginia's constitution to guarantee reproductive rights, such as access to contraception and abortion?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

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.

Two versions of the amendment were introduced in the House and Senate: Senate Joint Resolution 247 and House Joint Resolution 1.

Senate Joint Resolution 247

The amendment was introduced to the State Senate as Senate Joint Resolution 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.

Vote in the Virginia State Senate January 21, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	21	19	0
Total percent	52.5%	47.5%	0%
Democrat	21	0	0
Republican	0	19	0

Vote in the Virginia House of Delegates February 13, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	51	46	3
Total percent	51%	46%	3%
Democrat	51	0	0
Republican	0	46	3

House Joint Resolution 1

The amendment was introduced as House Joint Resolution 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.

Vote in the Virginia House of Delegates January 14, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	51	48	1
Total percent	51%	48%	1%
Democrat	51	0	0
Republican	0	48	1

Vote in the Virginia State Senate January 31, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	21	18	1
Total percent	52.50%	45.00%	2.50%
Democrat	21	0	0
Republican	0	18	1

See also

2026 measures

• 2026 ballot measures
• Abortion on the ballot

Virginia

• Virginia ballot measures
• Virginia ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 1 (2024)

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