This November, Virginia voters have a chance to change the state constitution.
The ballot will include three questions, or referendums, that decide the future of reproductive health, same-sex marriage and voting rights in the state. Some counties will have a fourth referendum about local sales taxes.
This is the first article in a series explaining what these referendums mean. This covers the first on the ballot: reproductive health. (Read about the referendums on same-sex marriage here and voting rights here.)
If approved, the referendum would amend the state constitution to broadly prevent the state from making laws that restrict an individual’s medical decisions about reproductive health, including abortion, except in some limited cases. It would prohibit the state from prosecuting or penalizing anyone who “assists” in exercising those decisions. And it would restrict abortion access during the third trimester of pregnancy in most cases.
The full text of the proposed amendment says that the right to reproductive freedom cannot be “denied, burdened or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.” And “a state interest is compelling only if it is for the limited purpose of maintaining or improving the health of an individual seeking care, consistent with accepted clinical standards of care and evidence-based medicine, and does not infringe on that individual’s autonomous decision making.”
Some abortion opponents say the wording prevents the General Assembly from regulating abortion entirely, which they say could lead to unsafe medical practices that endanger women’s health. However, law professors who study reproductive health and medical ethics say that the wording allows the state to enact regulations if there is a sound basis for doing so, according to reporting from VPM.
On the ballot, the referendum reads:
“Question: 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?”
Currently, Virginia law allows abortion up through the end of the second trimester and mostly bans third-trimester abortion unless it risks the health of the mother. About 93% of abortions in the U.S. occur during the first trimester, according to a report from KFF, an independent health policy organization, which analyzed 2022 data from the U.S. Centers for Disease Control and Prevention.
Unlike many other southern states, Virginia hasn’t restricted or banned abortion access since the U.S. Supreme Court overturned Roe v. Wade in 2022. However, Virginia’s constitution does not explicitly mention abortion, which makes abortion access subject to change by lawmakers. A near-total abortion ban was introduced in the House of Delegates in 2024, but was struck down by the Democratic majority.
Two years later, lawmakers approved the referendum on reproductive rights that we’ll see on the ballot this November.
In April 2026, Gov. Abigail Spanberger signed a bill into law that codifies Virginian’s rights to FDA-approved methods of contraception. Similar to current laws related to abortion and miscarriage management, Virginia’s constitution does not currently mention contraception, making it subject to change by lawmakers. Former Gov. Glenn Youngkin vetoed a similar bill related to rights to contraception in May 2024.
Similarly, Spanberger signed a bill that prevents Virginia law enforcement officers from assisting in the arrest, detention or investigation of anyone involved in any healthcare activity that is not outlawed by state law, while Youngkin vetoed similar efforts in 2024.
Changing the constitution is a lengthy process. Virginia follows the “legislative referral” method, where the resolution has to be approved by the General Assembly twice, with an intervening election year. That means after it passes the House of Delegates and the Senate once, it must come up for a vote again after a new round of state representatives are elected. Only then can it head to the governor’s desk, and finally to the ballot for voters to decide.
Since the General Assembly had Democratic majorities in both the 2023 and 2025 elections, the reproductive rights referendum passed twice across two legislative sessions, on party-line votes.
If Virginians vote yes, the right to reproductive freedom will be constitutionally protected. It could not be changed unless lawmakers undertake another multi-year process to amend the constitution.
