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Virginia voters have approved a constitutional amendment guaranteeing "reproductive freedom," which includes protections for abortion, birth control, and in-vitro fertilization. The amendment passed on Tuesday (November 3) and will take effect on January 1, 2027. It allows abortions during the first two trimesters and permits government regulation during the third trimester while ensuring abortions can be performed to protect the life and health of pregnant women, as reported by PBS NewsHour.
The amendment also establishes a right to contraception and fertility care. It was part of a broader effort by Virginians to enshrine reproductive, marriage, and voting rights into the state constitution. Over 61% of voters supported the measure, according to unofficial results from the Virginia Department of Elections, Virginia Mercury reports.
This move comes after the U.S. Supreme Court overturned a nationwide right to abortion in 2022, allowing states to set their own policies. Virginia's amendment ensures that reproductive health decisions are protected from political changes. The amendment prohibits the state from denying or infringing on reproductive freedom unless it meets a narrowly defined compelling state interest, consistent with clinical standards and evidence-based medicine, according to WUSA9.
In addition to the reproductive rights amendment, Virginians also passed measures to protect gay marriage and ensure voting rights for former felons. The amendment protecting gay marriage removes a defunct ban from the state constitution and affirms that two adults may marry regardless of sex, gender, or race. The voting rights amendment grants automatic restoration of voting rights to people with felony convictions who have completed their sentences.
The reproductive rights amendment faced opposition from conservative groups, and a legal challenge has been filed by the Founding Freedoms Law Center, arguing that the ballot language was misleading. A hearing is set for November 13 to address the challenge.