Virginia’s state senate approved sending a proposed constitutional amendment protecting abortion and reproductive freedom to the November ballot after the legislature approved the measure in two consecutive sessions. Supporters point to increased demand for care since the U.S. Supreme Court overturned Roe v. Wade: #WeCount data show monthly procedures in Virginia rose from under 2,500 before Roe’s fall to about 3,500 by June 2025. The amendment would enshrine a right to reproductive freedom while still permitting some regulation in the third trimester.
Virginia Voters To Decide In November Whether To Enshrine Abortion Rights In State Constitution
An exam room at an abortion clinic in Petersburg, Virginia.Photograph: Hadley Chittum/The Guardian(Photograph: Hadley Chittum/The Guardian)
The Virginia state senate voted Friday to place a proposed constitutional amendment on the November ballot that would explicitly protect abortion and broader reproductive rights. If approved by voters, Virginia would be at least the third state to consider such a measure in the 2026 cycle.
Legislative Approval And Process
The amendment first cleared the legislature in early 2025. Under Virginia law, proposed constitutional changes must be approved in two consecutive legislative sessions; the House of Delegates approved the 2026 version earlier this week, fulfilling that requirement and sending the question to voters.
Political Context
Democrats control both chambers of the General Assembly and have championed the amendment as a response to the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade, which prompted a wave of state-level restrictions. Supporters say a constitutional guarantee would protect access to care amid a shifting national landscape.
Demand For Care
Virginia has become an important source of abortion services for people traveling from states with stricter limits. Data from the #WeCount research project show that monthly procedures performed by Virginia-based providers rose from fewer than 2,500 before Roe’s overturn to roughly 3,500 by June 2025.
What The Amendment Says
If approved, the state constitution would state that "every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one’s own prenatal care." The proposed text would still allow the state to regulate access to abortion in the third trimester of pregnancy.
Broader Landscape
The end of Roe also spurred ballot campaigns in multiple states. Missouri and Nevada already have abortion-related measures on this year’s ballots; organizers are also pursuing measures in Idaho, Montana, Nebraska and Oregon. Proposed initiatives in Idaho and Oregon would protect access, while efforts in Nebraska and Montana seek to remove protections. Missouri’s contest is expected to be particularly contentious: voters reversed the state’s near-total ban in 2024 with a rights-protecting measure, and opponents are now pushing a referendum to try to reinstate restrictions.
Next Steps
The amendment will appear on the November ballot. If a majority of Virginia voters approve it, the constitutional language would take effect according to state rules governing ballot amendments.
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