2026 Constitutional Amendment
Reproductive Freedom
Vote YES to enshrine this right in the Virginia Constitution.
What it does
This amendment will protect access to contraception, IVF, miscarriage care, and abortion (up to the 3rd trimester) and protect providers who deliver that care.
Ballot Wording
Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient’s health is at risk or the pregnancy cannot survive?
Summary of the Legislation
HJ1.
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.
The amendment specifies that... the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion
(i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or
(ii) when in the professional judgment of a physician the fetus is not viable.