An amendment to enshrine the right to abortion in Virginia’s constitution could go before voters in 2026, along with a same-sex marriage amendment, an amendment restoring the voting rights of felons who have completed their sentences, and a redistricting amendment.
In Virginia, constitutional amendments must be approved by both the state House and Senate twice before being placed on a ballot and ratified by a simple majority of voters. State lawmakers passed the first three amendments in January and passed the redistricting amendment in late October, which would temporarily authorize the legislature to amend state congressional maps if any other state legislature changes its maps between Jan. 1, 2025, and Oct. 31, 2030, the Virginia Independent reported.
On Nov. 4, Virginia Democrats gained 13 seats in the House of Delegates and maintained majorities in the House and Senate, meaning they can continue the process of sending amendments for voters’ approval in 2026.
The abortion amendment, sponsored by Democrat state Sen. Jennifer Boysko and Democrat 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.”
The amendment would allow some regulation of third-trimester abortions but would prohibit the state from banning abortions that a physician deems needed to protect the “life or physical or mental health of a pregnant individual” or if the physician deems the baby “not viable.”
In Virginia, abortions are currently legal through 27 weeks of pregnancy, according to Abortion Finder.
The effort comes after the 2024 election cycle, in which abortion was on the ballot in ten states. Seven states passed the measures, while three states rejected them.
“The 2026 legislative session will convene on Jan. 14. The Democratic majorities are expected to again approve all four amendments and will determine by legislation when the public will vote on each of them,” according to the report. “Voting on the amendments could take place as soon as 90 days after final passage in the General Assembly, which would be no earlier than April 2026.”
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
