The Democrat-controlled Virginia General Assembly has approved a constitutional amendment that would enshrine the right to abortion into the state constitution, which Catholic bishops say will "enshrine virtually unlimited abortion at any stage of pregnancy," paving the way for voters to decide the matter in the fall.
The Virginia House of Delegates passed House Joint Resolution 1 in a 64-34 vote on Wednesday, while the Virginia Senate approved it in a 21-18 vote on Friday. The vote fell along party lines, with all support for the proposal coming from Democrats and all opposition coming from Republicans.
The measure would add a “fundamental right to reproductive freedom” to the Bill of Rights of the Virginia Constitution, clarifying “that every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions related to one’s own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.”
“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,” the proposed amendment states.
Although the proposal would allow the state to “regulate the provision of abortion care in the third trimester,” it 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.”
Now that Virginia legislators have approved the proposed constitutional amendment in two consecutive legislative sessions, it will go before voters this fall. 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 Organizationdecision that the U.S. Constitution does not contain a right to abortion and overturned the Roe v. Wade decision that legalized abortion nationwide.
Other states that have established constitutional rights to abortion via referendum are California, Michigan, and Vermont in 2022, Ohio in 2023, and Arizona, Colorado, Maryland, Missouri, Montana, and New York in 2024. Meanwhile, voters in Florida, Nebraska and South Dakota rejected such amendments last year.
The bishops leading Virginia’s two Roman Catholic dioceses, Bishop Michael Burbidge of the Diocese of Arlington and Bishop Barry Knestout of the Diocese of Richmond, released a statement Friday condemning the “extreme abortion amendment.”
The Catholic leaders vowed to remain “deeply engaged in the work of helping to educate voters” on the proposed amendment and “fight the extreme abortion amendment with maximum determination.”
“The extreme abortion amendment, which will proceed to a referendum for voters to decide later this year, would go far beyond even what Roe v. Wade previously allowed,” they 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.”
Knestout and Burbidge say the amendment "provides no protections whatsoever for preborn children."
"Parental rights and the health and well-being of minors must be defended," they wrote. "So too must religious liberty. No one should ever be forced to pay for or participate in an abortion. Health and safety should be enhanced, not diminished. Most importantly, human life is sacred. The lives of vulnerable mothers and their preborn children must always be welcomed, cared for, and protected.”
Public opinion polling shows that Virginia voters are likely to back a constitutional amendment establishing a right to abortion. A poll of 806 Virginia voters conducted by Virginia Commonwealth University from Dec. 18, 2024, to Jan. 15, 2025, found that 62% of respondents agreed with the resolution passed by the Virginia legislature, while 30% disagreed with it.
Meanwhile, a survey of 806 Virginia voters conducted by Christopher Newport University from Jan. 6 to Jan. 13, 2025, found that 61% of respondents supported amending the Virginia Constitution to establish a right to abortion, while 32% opposed it.
In addition to Virginia, voters in Nevada are also expected to weigh in on a constitutional amendment establishing a right to abortion this fall. While Nevada voters approved a constitutional amendment establishing a right to abortion last year, it must go before voters a second time before it can take effect.
