A constitutional amendment to codify abortion access has cleared the last major hurdle before likely going to Virginia voters for a referendum in November.
Today (Friday), the Virginia Senate advanced an amendment to protect abortion in the Constitution of Virginia 21-18, following an earlier 64-34 vote by the Virginia House of Delegates. A simple majority of voters would need to vote in favor for the legislation to be approved.
“Today, we are finally giving Virginians the chance to decide for themselves whether the right to make personal health care decisions belongs to individuals, not politicians,” State Sen. Jennifer Boysko (D-38) said in a statement. “Putting this question on the ballot is about trust, dignity, and the freedom to control one’s own future.”
The reproductive rights amendment passed in the Virginia General Assembly in 2025, but constitutional amendments must be approved during two consecutive sessions before going to Virginia voters for a referendum. In the 2026 session, Boysko and House Majority Leader Charniele Herring (D-4) introduced the Senate and House versions of the constitutional amendments, respectively.
The amendment “provides that every individual has the fundamental right to reproductive freedom and that such right shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest, as defined in the amendment, and achieved by the least restrictive means,” a summary states.
While the governor cannot veto the General Assembly-approved constitutional amendment, the governor must sign a procedural referendum bill before the matter goes to voters. Governor-elect Abigail Spanberger, who will be inaugurated Saturday, has signaled support for the constitutional amendment.
Under the legislation, the state could still regulate abortions in the third trimester of pregnancies but not ban them when a doctor determines that the mother’s life, physical health or mental health is at risk, or that the fetus is not viable.
The effort to codify abortion access came after the 2022 overturning of Roe v. Wade in the Supreme Court left the decision to the states.
Virginia currently restricts abortion after about 27 weeks. In states with more stringent laws, pro-choice advocates have pointed to delayed care for urgent health concerns. Herring shared the example of a Georgia woman’s death after emergency care was delayed due to the state’s abortion ban.
“This is about saving women’s lives, because we’ve seen attacks over and over again, and enough is enough,” said Herring in remarks to the House of Delegates. “Our voters, our constituents, our residents of the Commonwealth of Virginia can no longer allow politicians to dominate their bodies and their personal decision whether it comes from contraception to determining whether they want IVF and fertility treatment to start their families.”
Advocates say abortion protections become permanent with a constitutional amendment. It would also cover additional forms of reproductive care.
“While abortion is legal in Virginia, there is no definitive right to abortion in the code or the state constitution leaving Virginians’ bodily autonomy to the whims of election cycles,” Tarina Keene, executive director of the pro-choice REPRO Rising Virginia, told ARLnow. “The Virginia Constitutional Amendment for Reproductive Freedom will protect a broad spectrum of reproductive healthcare, including birth control, abortion, pre- and post-natal care, fertility treatment and miscarriage management.”
The Catholic Diocese of Arlington Bishop Michael Burbidge, an outspoken opponent of abortion and other contentious forms of reproductive care such as in vitro fertilization, shared concern about the constitutional amendment going beyond what Roe v. Wade had allowed.
“It would enshrine virtually unlimited abortion at any stage of pregnancy, with no age restriction,” Burbidge said in a joint statement with Richmond Bishop Barry Knestout. The two bishops together preside over the entirety of Virginia. “Among numerous other problems, it would severely jeopardize Virginia’s parental consent law, health and safety standards for women, conscience protections for healthcare providers, and restrictions on taxpayer-funded abortions. Most tragically of all, the extreme abortion amendment provides no protections whatsoever for preborn children.”
While Keene is optimistic about Virginia voters approving the referendum, she said campaigns by opponents to sway voters will be a hurdle. REPRO Rising Virginia will have its own statewide canvass supporting the amendment when it goes to voters.
“The Constitutional Amendment for Reproductive Freedom will be a crowning achievement for Virginia at a time when attacks on reproductive healthcare are escalating, and the rights of pregnant people are being rolled back in states across the U.S. since the fall of Roe v. Wade,” said Keene. “We’re proud to fight for the rights and dignity of all Virginians, and those whose best option is to come to our Commonwealth for the basic, compassionate healthcare they deserve.”
The Virginia General Assembly also passed constitutional amendments to restore felon voting rights after incarceration, repeal the (currently inactive) same-sex marriage ban in the state’s constitution and send redrawn congressional maps to voters for a referendum.
