ENSHRINING ABORTION RIGHTS IN VIRGINIA’S CONSTITUTION

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

It ensures that individuals can make their own decisions about:

• Birth control

• Pregnancy and childbirth

• Abortion care

• Miscarriage care

• Fertility treatment, including IVF

The amendment also:

• limits when the government can interfere in reproductive healthcare decisions

• allows limited regulation later in pregnancy while protecting medically necessary care

• protects individuals and providers from punishment or prosecution related to reproductive healthcare or pregnancy outcomes

• ensures these rights receive strong constitutional protection under Virginia law

• The amendment has passed the General Assembly

• It will be on the ballot in November 2026

• It is not law yet

Voters will make the final decision

Reproductive freedom isn’t just one issue. This amendment covers:

• Birth control

• IVF and fertility care

• Pregnancy and childbirth

• Miscarriage and pregnancy loss care

• Abortion care

It also protects patients, healthcare providers, and others from government punishment or prosecution related to reproductive healthcare or pregnancy outcomes.

The amendment allows limited regulation later in pregnancy, while ensuring doctors can continue to provide medically necessary care to protect a patient’s life or physical or mental health, or in cases where a pregnancy is not viable.

Finally, the amendment limits when the government can interfere in reproductive healthcare decisions by setting a high legal standard for restrictions.

Without this amendment:

• Rights can change depending on who is in power

• Future lawmakers could pass new restrictions

With this amendment:

• Reproductive freedom is protected in the Constitution

• Personal decisions stay with patients and their doctors

If approved by voters, the following language will be added:

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.