Virginia voters to decide constitutional amendment establishing a right to ‘unlimited’ abortion
January 20, 2026
Virginia’s General Assembly has approved a constitutional amendment for voters to decide, later this year, that Catholic bishops say will “enshrine virtually unlimited abortion at any stage of pregnancy.”
The Christian Post reports that the Virginia House of Delegates passed House Joint Resolution 1 in a 64-34 vote last Wednesday, while the Virginia Senate approved it in a 21-18 vote on Friday.
The measure, which would add a “fundamental right to reproductive freedom” to the Bill of Rights of the Virginia Constitution, was approved along party lines with all support coming from Democrats and all opposition coming from Republicans.
The proposed amendment states: “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.”
According to the Christian Post, the proposed amendment would allow the state to “regulate the provision of abortion care in the third trimester,” and prohibits the regulation of late-term abortions in cases where a physician has determined that they are necessary to “protect the life or physical or mental health” of a pregnant woman or that “the fetus is not viable.”
If passed, Virginia would become the 11th state to establish a constitutional right to abortion since the U.S. Supreme Court determined in its 2022 Dobbs v. Jackson Women’s Health Organization decision that overturned the 1973 Roe v. Wade decision that legalized abortion nationwide.
The leaders of Virginia’s two Roman Catholic dioceses, Bishop Michael Burbidge of the Diocese of Arlington and Bishop Barry Knestout of the Diocese of Richmond, condemned the proposed amendment in a statement released last week.
The bishops 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.”
Voters in Nevada are also likely to decide this fall on a constitutional amendment establishing an unrestricted right to abortion in that state.
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