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.

This amendment would add a new section to Virginia’s Constitution that protects the fundamental right to reproductive freedom.

That includes the ability to make personal decisions about birth control, pregnancy, childbirth, abortion, miscarriage care, and fertility treatment like IVF.

Virginia voters will decide in November 2026.

The amendment has already passed the General Assembly and now goes directly to voters for final approval.

No. Even though it passed the legislature, it does not become law unless voters approve it in 2026.

A “yes” vote puts reproductive freedom into the Virginia Constitution—making it a protected right that can’t be easily taken away by future politicians..

If the amendment fails, reproductive rights are not protected in the Constitution.

That means future lawmakers could pass new restrictions or bans.

No.

It covers a full range of reproductive healthcare, including:

• Birth control

• IVF and fertility treatment

• Pregnancy and childbirth

• Miscarriage care

• Abortion care

This amendment reflects the full spectrum of reproductive health decisions people make.

This amendment explicitly protects people from being penalized or prosecuted for their own pregnancy outcomes—including miscarriage, stillbirth, or abortion—and for helping someone else access care.

Because rights that aren’t protected can be changed.

This amendment ensures that reproductive freedom is not dependent on who is in power—it puts those decisions where they belong: with patients and their doctors.

You can:

• Vote in November 2026

• Share your story

• Help spread the word

• Show your support