Virginia legislators advance amendment to protect abortion, contraception, other health care

Virginia legislators are considering establishing the right to abortion, contraception and related health care by passing an amendment to the state’s constitution. 

If approved, the amendment will be added to the state’s Bill of Rights to include “the ability to make and carry out decisions relating to one’s own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.”

Virginia law generally bans abortions after a fetus is viable, considered as 26 weeks and 6 days or the second trimester. Viability is determined by a fetus’s ability to be born and survive outside the womb.

The amendment goes on to state that in the third trimester, care may be regulated by the Commonwealth unless the patient’s life or mental health is threatened by the birth or if the fetus is not viable.

The amendment also prohibits legal action taken against the mother exercising these rights, or the physician providing her care. It also says that the state’s interest is only compelling in maintaining or improving the health of the patient without infringing on their autonomous decision making.  

The bill, Senate Joint Resolution 247, was read for the third time and agreed to by the Senate on Jan. 21 in a 21-19 vote. It was then referred to the Committee on Privileges and Elections on Feb. 4 and reported by the Committee 12-10. 

The House took up and agreed to the joint resolution on Feb. 13, 51-46. 

The House companion to the amendment is HJ1, which was agreed to by the House 51-48 on Jan. 14, and the Senate 21-18 on Jan. 31. 

According to Virginia Commonwealth University’s Commonwealth Poll, “Over 60 percent (62%) of Virginians support including the right to an abortion in the Virginia Constitution.” Similarly, the Wason Center for Civic Leadership reported that 61% of Virginians support the amendment. 

The VCU poll also explains that if the amendment passes the General Assembly this year, it must be reconsidered next year. Virginia’s constitution requires any amendment to be passed in two legislative sessions and be voted on in an election between the two. The amendment will likely be on the November 2026 ballot for Virginians.

Democrats and Republicans heatedly debated the amendment on Feb. 13 during the House regular session meeting.

Del. C. Todd Gilbert, R-Woodstock, is a staunch adversary of the bill. 

“What this does is create an outright right to an abortion all the way up until birth without any limitations of any meaning whatsoever. So who is the extremist, Mr. Speaker?” he said.

Many Republican delegates were concerned over late term abortions and the potential for a child to be born alive after a failed abortion. They also pushed for the amendment to require parental consent for those under 18 years of age. 

Del. Thomas Garrett, R-Louisa, referred to the VCU Poll, saying that “it oversimplified the question and did not consider the protection of children born alive, parental notification and abortion up to the moment of labor and delivery.”

Del. Marcia Price, D-Newport News, encouraged delegates to permit the bill to go to the polls to allow the public vote. 

“Virginians should not have to travel hundreds of miles for healthcare,” Price said. “They should not have to fear that politicians would rather put their lives in jeopardy to score political points than to protect their rights and freedoms, and doctors should not be put in the impossible position of watching their patients die unable to provide critical care until it’s too late.”