Virginia lawmakers are advancing a slate of constitutional amendments that could place the right to abortion, same-sex marriage, felon voting rights, and legislative redistricting before voters in 2026, a decisive moment for the Commonwealth’s future policy direction.
State legislators in Virginia have taken the first step toward placing multiple constitutional amendments on the ballot, including one to enshrine a “fundamental right to reproductive freedom” in the state constitution.
That amendment, along with others addressing same-sex marriage, the restoration of voting rights for felons who have completed their sentences, and redistricting powers could appear before Virginia voters in 2026.
Under Virginia law, a constitutional amendment must pass both the House of Delegates and the Senate in two successive legislative sessions before it can be placed on the ballot. The House and Senate passed the first three amendments in January 2025, and the redistricting amendment in late October.
The abortion-rights amendment, sponsored by state Sen. Jennifer Boysko and Del. Charniele Herring, would create a “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.”
It would allow some regulation of third-trimester abortions but prevent the state from banning abortion when a physician determines it is needed to protect the “life or physical or mental health of a pregnant individual” or if the fetus is deemed “not viable.”
Currently, abortions are legal in Virginia through 27 weeks of pregnancy.
The November 4 election was critical.
Democrats gained 13 seats in the House of Delegates and maintained majorities in both chambers, allowing them to continue the constitutional amendment process toward 2026.
Supporters of the amendment cite polling showing strong popular backing.
A February 2025 poll from the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University found roughly 62 percent of Virginians support the inclusion of abortion rights in the state constitution.
Opponents, primarily Republicans in the General Assembly and conservative advocacy groups, argue that the amendment embeds policy changes more deeply than ordinary legislation and undermines legislative flexibility.
On the House floor, House Minority Leader Del. Todd Gilbert, R-Shenandoah, called the proposal a “word salad” aimed at “cloud[ing] the true intentions.”
The Virginia Catholic Conference, representing the state’s Catholic bishops, issued a statement describing the proposal as “extreme, radical, and deadly.” It warned the amendment would “allow virtually unlimited abortion at any stage of pregnancy” and questioned its impact on parental consent laws and conscience protections for health-care workers.
Another conservative voice, the Virginia Society for Human Life, argued the amendment would “remove all rational pro-life laws and prevent the passage of any new ones.”
Legislators expect the next General Assembly session to convene on Jan. 14, 2026, when they will pursue final approval of the measures and decide by legislation when the public vote will occur.
Voting on the amendments could occur as early as 90 days after the General Assembly gives final approval, potentially placing the statewide ballot before voters in the spring of 2026.
© 2025 Newsmax. All rights reserved.
