This fall, in November of 2026, Virginians will see a new constitutional amendment on the ballot: a proposed Reproductive Freedom Constitutional Amendment. This amendment will make “reproductive freedom” more accessible to women in Virginia. This amendment focuses on the matter of abortion, an issue that many people look at with strong convictions shaped by personal, ethical, and cultural perspectives.
Before you reach the polls this fall, it is important to understand what you are voting for. Regardless of whether you lean conservative, liberal, or somewhere in the middle, educating yourself on matters before you vote is important. Filling in that box on the ballot can support one of two things, and you deserve to know what that choice means in this circumstance for the general election in Virginia.
Current Abortion Laws in Virginia
First, it’s good to have some context and understand what abortion laws look like in Virginia right now. According to Planned Parenthood, “Virginia is the last state in the South with the opportunity to protect reproductive freedom with a constitutional amendment.” That raises a question: What does “reproductive freedom” currently look like in Virginia?
Currently, abortion is legal in Virginia up to 26 weeks and 6 days after a mother’s last menstrual cycle, which is the last portion of the second trimester. At 26 weeks, babies are the size of a spaghetti squash; they are opening their eyes, responding to sounds, and becoming very active in the womb.
According to Planned Parenthood, in Virginia, the only two exceptions for getting an abortion after 26 weeks and 6 days are if it is to save the mother’s life, or to preserve the mother’s general health, which includes mental health. Minors can get an abortion with the consent of their guardians, or they can go through a judge to be excused from this consent.
Medical abortions, pills, are offered for up to 11 weeks after your last menstrual cycle. The first pill, mifepristone, blocks progesterone, which causes the baby to stop growing and eventually die. Then, the second pill, misoprostol, is taken at least 48 hours after the first pill. This pill induces a miscarriage, causing dilation and contraction to expel the dead baby from the uterus.
Surgical abortions are offered up to 26 weeks and 6 days after your last menstrual cycle. Surgical abortions are performed using vacuum aspiration (sucking the baby out of the uterus) or by performing a D&E (dilation and evacuation, which is where they dilate the patient and use medical tools to dismember and remove the baby from the womb).
What Would This New Amendment Do?
Abigail Spanberger has signed this proposed amendment and has stated that women in Virginia “deserve the freedom to make their own reproductive health care decisions without politicians dictating their choices.” So, what would this amendment do in Virginia, and how would it affect abortion in the state?
Here is what will change:
- Politicians would not be allowed to interfere with abortion decisions, including third-trimester abortions
- It would ensure the “right” to “reproductive care” won’t change regardless of who is in office.
- It would protect abortionists and patients from legal repercussions if laws are broken during an abortion.
Unfortunately, this abortion amendment doesn’t get much clearer than that. Virginians aren’t given any extensive details at this point. Many Republican politicians and conservatives are demanding more information about what this amendment would actually entail. Would parental consent change? Will born-alive babies be protected and provided with life-saving care? Democrat politicians haven’t given any clear answers, which the public has the right to know. There are two hints that we can gather as of now.
One is that Virginia Senator Emily Jordan, proposed a change to the amendment that states: “In the event of a live birth of an infant, including when an abortion procedure results in the live birth of an infant, such infant shall be considered a legal person for all purposes under the laws of this Commonwealth and entitled to the full protection of such laws. An infant born alive following an abortion procedure has the same claim to the legal rights and protections as all persons in the Commonwealth and shall be provided the same level of care and treatment as any infant or person seeking care and treatment in a medical facility.” This change was rejected.
As for the second hint, Virginia State Senator Tara Durant proposed a different change to the amendment, which is as follows: “Notwithstanding the above, the Commonwealth’s parental consent laws shall remain in effect, and the Commonwealth may regulate the provision of abortion care and gender-affirming care to minors.” This change was rejected just like Senator Jordan’s.
Your Vote Matters
Understanding the facts and what is truly happening with the abortion amendment that will be voted on this November is crucial. It should always be a number one priority to research and understand the things that our politicians are proposing, so that we can vote with dignity and with adequate knowledge.
Your vote matters more than you think. This amendment, if passed, will shape our commonwealth forever. With the lack of clarity from our governing politicians in Virginia, the changes could be harmful to women and children, and the infants born-alive. When it comes to constitutional amendments such as this, research and understanding are not optional; it’s our responsibility.
Nevaeh is a writer for Hokie Stone Press. She is a freshman studying livestock production in the Agricultural Technology Program. Nevaeh loves writing, fishing, theology, and spending time outside.
