Question 1: Right to reproductive freedomRight to reproductive freedom, including abortion, in the state constitution
Read the full text of the measure: Department of Elections proposed amendments brochure (PDF)
In plain words
Today Virginia's constitution says nothing about reproductive care; the rules are in state laws that the General Assembly can change. This amendment would make these decisions a right in the constitution. The state could still limit abortion in the third trimester (about the last three months of pregnancy), but could not ban it when a doctor finds it is needed to protect the patient's life or health, or when the fetus is not viable (can't survive). The state also could not punish a patient, or someone who helps them with their consent, over these decisions. (elections.virginia.gov (Department of Elections) )
Before and after
| Question | Today | If it passes |
|---|---|---|
| Is reproductive care a right in the state constitution? | No. The constitution does not mention it. | Yes. It becomes a "fundamental right" in the Bill of Rights. |
| Who sets the rules on abortion? | The General Assembly, by ordinary law, which it can change. | The constitution. Limits are allowed only if they meet a strict test (a "compelling state interest" tied to the patient's health, using the least restrictive means). |
| Third trimester | Set by state law. | The state may regulate it, but can never ban an abortion a doctor says is needed for the patient's life or physical or mental health, or when the fetus is not viable. |
| Punishing patients or helpers | Set by state law. | The state may not penalize or prosecute someone for their own pregnancy outcome (including miscarriage or stillbirth), or for helping another person with that person's consent. |
Numbers from the official ballot title (ballot title ); also see (elections.virginia.gov (Department of Elections) )
Biggest change
- Adds a "fundamental right to reproductive freedom" covering prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management and fertility care. source: elections.virginia.gov (Department of Elections)
- Any law that limits this right must be justified by a "compelling state interest" achieved by the "least restrictive means"; a state interest counts as compelling only if it is for maintaining or improving the health of the person seeking care. source: elections.virginia.gov (Department of Elections)
- The state may regulate abortion in the third trimester, but may never ban it when a doctor judges it medically needed for the patient's life or physical or mental health, or when a doctor judges the fetus not viable. source: elections.virginia.gov (Department of Elections)
- The state may not penalize or prosecute anyone over their own pregnancy outcome, or anyone who helps another person exercise this right with that person's consent. source: elections.virginia.gov (Department of Elections)
Who it affects most: People who are or may become pregnant, and doctors, nurses and others who provide or help with pregnancy care.
Cost to the state: Unknown. No cost estimate was published with the amendment.
Our plain-words summary. Every line points to its source.
What your vote means
Reproductive care, including abortion, becomes a right in the state constitution, and the state could limit abortion only in the third trimester with health exceptions.
The constitution stays silent on reproductive care, and the General Assembly keeps setting abortion rules by ordinary law.
Our one-line summary. Virginia does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.
- The official explanation says that today the Virginia Constitution does not explicitly give a right to reproductive freedom and does not explicitly protect or prohibit certain kinds of health care procedures or decisions. source: elections.virginia.gov (Department of Elections)
- The General Assembly first passed it in 2025 (House 51-48, Senate 21-18) and passed it again in January 2026 (House 64-34, Senate 21-18). Del. Charniele Herring (D) carried the House resolution. source: ballotpedia.org
- In Virginia a constitutional amendment must pass the General Assembly twice, with a House of Delegates election in between, and then go to the voters. source: law.lis.virginia.gov
Why supporters want it
- Sen. Jennifer Boysko (D): "This is a victory for every woman and girl in the Commonwealth." source: ballotpedia.org
- House Majority Leader Charniele Herring (D) said Virginians "can no longer allow politicians to control their bodies." source: ballotpedia.org
Why opponents object
- Virginia Catholic Conference: "This radical amendment goes far beyond even what Roe v. Wade previously allowed." source: ballotpedia.org
- Virginia Society for Human Life: "If the amendment becomes law it will most certainly lock Virginia in a terrible situation." source: ballotpedia.org
- Sen. Mark Peake (R) objected that "there's no age mentioned in the constitutional amendment." source: ballotpedia.org
Who backs each side
- For: Virginians for Reproductive Freedom, a registered referendum committee funded mostly by Planned Parenthood organizations and the ACLU (as of July 2026). source: vpm.org
- Against: Virginia Catholic Conference, LLC; Virginia Medical Professionals for Women's Safety (contributions from the 501(c)(4) arm of the American Association of Pro-Life Obstetricians and Gynecologists); Virginians for Safe Reproductive Policy (funded by the Virginia Catholic Conference and the Virginia Society for Human Life); and the VSHL 2026 Referendum Committee (as of July 2026). source: vpm.org
- Other supporters listed by Ballotpedia include the ACLU of Virginia, ACOG-Virginia, the League of Women Voters of Virginia, Planned Parenthood Advocates of Virginia and Progress Virginia. Other opponents include The Family Foundation of Virginia, Susan B. Anthony Pro-Life America, Students for Life Action and Heritage Action for America. source: ballotpedia.org
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the Department of Elections' official brochure of proposed constitutional amendments .
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?
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?
Yes
No
Copied word for word from the Department of Elections' official brochure of proposed constitutional amendments for Nov. 3, 2026.
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Full text of the measure
The full text adds a new Section 11-A to Article I (the Bill of Rights). The brochure shows it in full. Read it in the Department of Elections proposed amendments brochure (PDF) .
Read more
- Department of Elections: proposed constitutional amendments brochure (PDF)
- Department of Elections: official brochure with the ballot question, explanation and full text
- Department of Elections: official explanation for Question 1 (PDF)
- Ballotpedia: Question 1
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