VIRGINIA RIGHT TO REPRODUCTIVE FREEDOM AMENDMENT

EARLY VOTING BEGINS SEPT. 18 | ELECTION DAY NOV. 3

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VIRGINIA DESERVES BETTER

This fall, Virginians will vote on the Virginia Right to Reproductive Freedom Amendment. If this extreme amendment passes, it will enshrine virtually unlimited and unregulated abortion – at any time during pregnancy – in the state constitution. This amendment is intentionally vague in its wording and creates loopholes that put women and children at risk. Constitutional amendments are extremely difficult to repeal, and courts must interpret the law as written – including its loopholes.

This grave moral choice requires knowing the facts about current Virginia law and what the amendment would change, and then making an informed decision to defend the sisters, daughters, friends, and especially the vulnerable in our communities.

Women and children deserve safety. This amendment puts them at risk.

Women deserve protection. This amendment reduces protections for women and increases protections for predators.

Women deserve safe medical care. This amendment removes safeguards and deregulates medical protections.

Babies deserve protection. This amendment allows for abortion until birth and would leave the baby to die after an attempted abortion.

Parents deserve rights. This amendment circumvents a parent’s right to make healthcare decisions for their children and allows minors to get an abortion without parental consent.

READ THE AMENDMENT

Full Text

Read the full language of the amendment.

Annotated Text

The annotated text highlights specific language in the amendment that is problematic or dangerous and explains it in simple terms.

WHY OPPOSE THIS AMENDMENT?

  • The law is intentionally written with vague language that will inevitably be challenged in court. Judges will make the final determination on what the amendment means and how it is applied to the people of Virginia.

  • The “Reproductive Freedom” Loophole

    Under the terminology “Reproductive Freedom,” the amendment lists “prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care” as included. However, the amendment does not offer any exclusions or limits. This loophole could be used to expand “reproductive rights” far beyond the scope of what is listed to include gender modification, sterilization, genetic engineering, and more.

    The “Any Individual” Loophole

    Current laws (§ 18.2-72) require abortions to be performed by individuals who are licensed and practicing medicine. The proposed amendment introduces an “any individual” loophole that does away with current licensing and medical practice requirements.

    From the amendment: “The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom.”

  • The amendment threatens the health of mothers and babies by eliminating medical protections and regulations, especially in the third trimester. Read the current Virginia law here‍ - ‍Code § 18.2-74.

    Current Law Protects Women

    Third trimester abortions are required to be “performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.”

    Current Law Requires Oversight

    “The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.”

    Current Law Protects Babies

    “Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.”

  • Under this amendment, parents lose their right to participate in the healthcare choices of their children. The amendment could extend “rights” specifically to adults, but instead, is written to include minors and children.

  • Abortion is already available until birth in Virginia with some safeguards in place, this amendment reduces those safeguards.

    Currently, abortions performed after the second trimester require three physicians to consult and agree on the necessity of the abortion - the amendment would only require only one physician’s opinion.

    Under current law, abortions after the second trimester can only be performed when the “continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman” (§ 18.2-74).

    The proposed amendment allows third trimester abortions until birth in order to “protect the life or physical or mental health of the pregnant individual.”

  • In the proposed amendment, predators and abusers who coerce women into abortions are protected from legal accountability. “Voluntary consent” will have to be defined and disproven before abusers and predators are eligible for prosecution.

    From the Amendment
    The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.

  • Lawmakers have worked across the aisle for decades to agree on laws that reflect the values of most Virginians. This amendment would undo that work and inserts partisanship in our Constitution.

    Read current Virginia laws around abortion here.

    • Most Virginians - 73% - support keeping our abortion laws as they are or making them more restrictive. (Christopher Newport, 2023)

    • National polls show 9 in 10 parents want to have full access to their children’s healthcare and participate in those decisions. (University of Michigan, 2026)

A letter from Bishop Barry C. Knestout, of the Catholic Diocese of Richmond, on the Virginia Right to Reproductive Freedom Amendment

English
ESPAÑOL

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?

LANGUAGE ON THE BALLOT

WHAT YOUR VOTE DOES

    • Our laws remain as they exist today.

    • Abortion remains available and governed by medical safety protocols.

    • Abortions in the third trimester continue to require meaningful medical oversight.

    • Women and children have legal protections in place.

    • Abusers and predators face consequences.

    • Parent’s rights are protected and intact.

    • Existing protections for women and children are eliminated.

    • Deregulates abortion and eliminates medical oversight requirements.

    • Predators and abusers gain protections under the law.

    • Parents lose the right to participate in their child’s health care.

Bishop Barry C. Knestout urges citizens to vote “No” on the Virginia Right to Reproductive Freedom Amendment.

“Health and safety should be enhanced, not diminished.

Most importantly, human life is sacred. The lives of vulnerable women and their preborn children must always be welcomed, cared for, and protected.”

— The Bishops of Virginia, joint statement

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