Proposed Constitutional Amendment Question 1

BALLOT LANGUAGE

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? 

WHAT IT MEANS

Yes

A “Yes” vote means that you desire to amend the Virginia Constitution to:

  • establish a fundamental right to "reproductive freedom" for every individual that shall not be infringed upon
  • establish a right to make decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care
  • allow abortion in the third trimester when the life or physical or mental health of the woman is at risk or the fetus is not viable
  • prohibit the state from penalizing individuals for exercising this “right” and anyone who assists another individual in exercising this “right” 

No

A “No” vote means that you desire to keep current Virginia Statute which:

  • allows abortion in the first trimester only if it is performed by a licensed medical specialist
  • allows abortion in the second trimester only if it is performed by a licensed physician in a licensed hospital
  • prohibits abortion in the third trimester unless three physicians agree that continuation of the pregnancy is likely to seriously threaten the woman's life or health
    • requires such abortions to be performed by a licensed physician in a licensed hospital
    • requires life support measures to be given if the fetus shows signs of viability
  • provides protections for individuals with a conscientious objection to performing or assisting with an abortion
  • requires written consent from the woman or from a parent if the woman is a minor 
  • prohibits encouraging or promoting abortion  

ARGUMENTS FOR AND AGAINST

Yes

"The amendment would protect our freedom in Virginia to make reproductive health care decisions without fear of government interference or criminal punishment. It amends the state constitution to ensure we can make our own decisions around reproductive health care, from contraception to childbirth.  

Right now, the Virginia Constitution does not recognize the right to reproductive health care, which means that politicians have the ability to restrict or ban certain reproductive health care. Vote YES on 1 to protect the freedom to make reproductive health care decisions and ensure the government cannot interfere." - Virginians for Reproductive Freedom  

"Since the fall of Roe v. Wade, anti-abortion politicians have banned or severely restricted abortion in nearly two dozen states. Virginia has become one of the few states in the South where people can still access abortion care.

Passing the Right to Reproductive Freedom Amendment will help ensure Virginia remains a safe haven for reproductive health care while protecting patients and providers from future attacks on reproductive freedom.

By adding reproductive freedom to Virginia’s constitution, voters can help protect these rights for future generations—regardless of who holds office or controls the state legislature." - Reproductive Freedom for All 

"A constitutional amendment is our pathway to securing the right to abortion, birth control, and a range of reproductive healthcare needs, and preventing political intrusion into our personal lives and decisions. By placing this amendment in the hands of voters, we can ensure that politicians cannot revoke or establish barriers to these fundamental human rights. 

Being able to decide if, when, how, and with whom to start or grow our families is essential to charting our own course for our futures and building strong communities. Reproductive freedom is an economic, health equity, and racial and gender justice issue. 

Roe v. Wade was never enough. Roe merely granted the right to abortion but did not ensure access to care. It also allowed for gaps in care and restrictions that left little to no protections for people needing abortion later in pregnancy. 

Virginia needs more than Roe v. Wade. We need broad protections for a spectrum of reproductive healthcare." - REPRO Rising Virginia  

"Virginia is the last state in the South with a real opportunity to safeguard reproductive freedom through a constitutional amendment. 

The Reproductive Freedom Constitutional Amendment would protect the fundamental rights of Virginians by ensuring that politicians cannot ban or restrict essential reproductive health care, including abortion, birth control, and in vitro fertilization (IVF). 

The amendment will appear on the November 2026 general election ballot. If voters approve it, the Virginia Constitution will be updated to affirm that every person has a fundamental right to reproductive freedom — including decisions about prenatal care, childbirth, contraception, abortion care, miscarriage management, and fertility treatment." - Planned Parenthood Votes South Atlantic 

"Vote YES to put the right to access reproductive healthcare directly into Virginia’s constitution.  

Abortion is legal in Virginia – but that could change with the swipe of a politician’s pen. 

Ballot Amendment #1 will put power directly in the hands of the people to choose whether Virginians can make their own, private decisions about their reproductive healthcare. 

Virginia is the last state in the South without severe restrictions or an outright ban on abortion after the U.S. Supreme Court overturned Roe v. Wade. 

This November, Virginians can protect our access to reproductive healthcare from politics by voting YES on #1." - ACLU of Virginia 

No

"This Amendment Would... 

  • Establish abortion as a fundamental right in Virginia, superseding current law and likely preventing any future law or regulation on abortion in our state 

  • Threaten the health and safety of women by allowing unregulated abortions to be performed by unlicensed providers at any time, even up to birth at term 

  • Remove the requirement for parental consent for a minor’s abortion 

"The proposed Amendment 1 (Unlimited Abortion Amendment):

  • Removes necessary provisions that protect pregnant women seeking care 
  • Allows non-doctors to prescribe abortion drugs and perform abortions
  • Threatens removal of Virginia's sensible parental consent law 
  • Compromises compliance to standards of care for abortion providers
  • Prevents prosecution of those unqualified and unlicensed, even if they cause harm

This amendment places women's safety in jeopardy because it removes requirements for important medical standards of care including that only licensed doctors provide abortion services. Reject risky and vague laws that undermine women’s healthcare in Virginia." - Virginians for Safe Reproductive Policy

"This radical amendment goes far beyond even what Roe v. Wade previously allowed. It would enshrine virtually unlimited abortion at any stage of pregnancy, with no age restriction. Among numerous other problems, it would severely jeopardize Virginia’s parental consent law, conscience protections for healthcare providers, health and safety standards for women, and restrictions on taxpayer-funded abortions. Most tragically of all, the extreme abortion amendment provides no protections whatsoever for preborn children.  

Parental rights must be defended. 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 women and their preborn children must always be welcomed, cared for, and protected." - Michael F. Burbidge, Bishop of Arlington, Barry C. Knestout, Bishop of Richmond

"If passed, the zero-safety, no-guardrails abortion amendment would legalize abortion up to birth, erase parental consent and stop reasonable safety standards.

Eliminate the right of parents to know about or consent to their young child’s invasive abortion surgery. 

Because the right to “fertility care” includes sterilization procedures and is not just given to adults, children will have a right to gender transitions without adult interference.

Eliminates the state’s ability to penalize or regulate individuals aiding “reproductive freedom,” potentially reducing oversight, accountability and liability for harm done to the woman.

Infants born alive after an abortion attempt would not be clearly guaranteed reasonable, life-saving care.

Long-standing safety regulations designed to protect women’s health could be challenged and struck down. 

Abortion could be permitted up to the moment of birth even for mental health reasons." - The Family Foundation   

"If enacted, HJ1/SJ247 would: 

  • Remove the basic rights of parents. Parents would no longer need to be informed or provide consent for their underage daughter to undergo an abortion or a so-called “sex-change” surgery. 

  • Protect rapists, traffickers, and abusers. By protecting third parties who “aid” or “assist” abortions, it eliminates guardrails protecting underage women from being pressured or coerced to get an abortion. 

  • Prevent reasonable health and safety standards. It would prevent basic health and safety standards for abortions. 

  • Force taxpayers to fund abortions. Courts across the country have required taxpayer funding of abortions because of language like Virginia’s amendment. 

  • Legalize painful, late-term abortions. A massive loophole would allow abortions when babies can feel pain, right up until the moment of birth. Allowing abortions when “medically indicated to protect the life or physical or mental health of the pregnant individual” would make it effectively impossible to enforce any protections at any time during a pregnancy." - Heritage Action   

ENDORSEMENTS

Yes

Planned Parenthood Advocates of Virginia (Liberal)

Abigail Spanberger (Liberal)

Jennifer Carroll Foy (Liberal)

David Reid (Liberal)

R. Creigh Deeds (Liberal)

No

Concerned Women for America Legislative Action Committee (Conservative)

Susan B Anthony Pro-Life America Candidate Fund (Conservative)

AFA Action (Conservative)

Virginia Society for Human Life (Conservative)

Bill DeSteph (Other)

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

VIRGINIA QUESTION 1, RIGHT TO REPRODUCTIVE FREEDOM AMENDMENT (2026)

This question is on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026. As of September 25, 2026, the committees formed to support Virginia Question 1, Right to Reproductive Freedom Amendment (2026) are:

VIRGINIANS FOR REPRODUCTIVE FREEDOM

Selected contributions to: "Virginians for Reproductive Freedom" include:

  • Planned Parenthood
  • American Civil Liberties Union
  • Virginians for Reproductive Freedom
  • REPRO?Rising?Virginia
  • The Fairness Project
  • Quinn Delaney
  • Reproductive Freedom for All
  • Movement Voter Project
  • Think?Big?America
  • Virginians for Fair Elections

FEMINISTS FOR REPRODUCTIVE FREEDOM

Selected contributions to: "Feminists for Reproductive Freedom" include:

  • Feminist Majority Foundation

No

VIRGINIA QUESTION 1, RIGHT TO REPRODUCTIVE FREEDOM AMENDMENT (2026)

This question is on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026. As of September 25, 2026, the committees formed to oppose Virginia Question 1, Right to Reproductive Freedom Amendment (2026) are:

NO SAFEGUARDS, NO DEAL

Selected contributions to: "No Safeguards, No Deal" include:

  • The Family Foundation

VIRGINIANS FOR SAFE REPRODUCTIVE POLICY

Selected contributions to: "Virginians for Safe Reproductive Policy" include:

  • Virginia Society for Human Life
  • Virginia Catholic Conference
  • Mariano Diaz-Bonilla
  • Axiom Strategies LLC
  • Dan Boyer

VIRGINIA MEDICAL PROFESSIONALS FOR WOMEN'S SAFETY

Selected contributions to: "Virginia Medical Professionals for Women's Safety" include:

  • AAPLOG Action

VSHL 2026 REFERENDUM COMMITTEE

Selected contributions to: "VSHL 2026 Referendum Committee" include:

  • Daniel Cotter
  • Virginia Society for Human Life
  • James Cruse
  • Deborah Simmon
  • Todd Vander Pol

DEFEND VIRGINIA'S SONS AND DAUGHTERS, INC.

Selected contributions to: "Defend Virginia's Sons and Daughters, Inc." include:

  • Elizabeth Chardon Jenks
  • Marian Dixon
  • S. Vance Wilkins

VIRGINIA CATHOLIC CONFERENCE LLC

Selected contributions to: "Virginia Catholic Conference, LLC" include:

  • Virginia Catholic Conference, LLC

VIRGINIA CONSERVATIVE ACTION REFERENDUM COMMITTEE 2026

Selected contributions to: "Virginia Conservative Action Referendum Committee 2026" include:

  • VA Conservative Action Fund

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