Democrat-led lawmakers in Virginia have moved a proposed constitutional amendment one step closer to voter approval after clearing it through the state legislature.
The Virginia General Assembly approved the measure this week, with the Virginia House of Delegates passing House Joint Resolution 1 by a 64–34 margin on Wednesday, followed by a 21–18 vote in the Virginia Senate on Friday.
The proposal would amend the Bill of Rights in the Virginia Constitution to establish what it calls a “fundamental right to reproductive freedom,” explicitly stating “that every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions related 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,” the proposed amendment reads.
While the amendment allows the state to “regulate the provision of abortion care in the third trimester,” it sharply limits such authority by barring restrictions in cases where a physician determines an abortion is necessary to “protect the life or physical or mental health” of the pregnant woman or when “the fetus is not viable.”
The proposal drew immediate criticism from the Catholic leadership of Virginia. Michael Burbidge, bishop of the Diocese of Arlington, and Barry Knestout, bishop of the Diocese of Richmond, issued a joint statement Friday condemning what they called an “extreme abortion amendment.”
The bishops pledged to stay “deeply engaged in the work of helping to educate voters” and to “fight the extreme abortion amendment with maximum determination.”
“The extreme abortion amendment, which will proceed to a referendum for voters to decide later this year, would go far beyond even what Roe v. Wade previously allowed,” they warned.
“It would enshrine virtually unlimited abortion at any stage of pregnancy, with no age restriction. Among numerous other problems, it would severely jeopardize parental consent law, health and safety standards for women, conscience protections for healthcare providers, and restrictions on taxpayer-funded abortions.”
Having now passed in two consecutive legislative sessions, the amendment is set to appear on the statewide ballot this fall, where Virginia voters will decide its fate.
If approved, Virginia would become the 11th state to adopt a constitutional right to abortion following the U.S. Supreme Court’s 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and returned abortion policy to the states.
Other states that have added abortion protections to their constitutions through voter referendums include California, Michigan, and Vermont in 2022; Ohio in 2023; and Arizona, Colorado, Maryland, Missouri, Montana, and New York in 2024. By contrast, similar measures were rejected by voters in Florida, Nebraska, and South Dakota last year.
