Question 1: Right to Reproductive Freedom
Statewide — all of Virginia
General election · Tuesday, November 3, 2026
- Legislatively referred constitutional amendment (House Joint Resolution 1). Virginia requires a proposed amendment to pass the General Assembly in two successive sessions before it goes to voters; Ballotpedia News reports the January 2026 second passage was 64-34 in the House and 21-18 in the Senate, along party lines.[1]
- Litigation: KFF reports a lawsuit filed April 30, 2026 by two medical advocacy groups and a Bluefield town council member argues the ballot language does not accurately convey the amendment's legal effect, and a separate suit by a county supervisor, Charla Bansley, was dismissed at the trial level for lack of standing and was on appeal as of KFF's September 24, 2026 update. KFF states that, unless the litigation succeeds, voters will decide the amendment in November. The measure remains on the November 3 ballot on the Department of Elections' certified list. Virginia Mercury reported on August 28, 2026 that the Tazewell County case (plaintiffs Meagan Kade and Sheila Furey, per that report) had a June hearing and no ruling as of August 27.[2][3][9]
The question on the ballot
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?[8][3]
From the Department of Elections' Explanation for Voters: the Virginia Constitution currently does not explicitly provide a right to reproductive freedom nor explicitly protect or prohibit certain kinds of health care procedures or decisions. The proposed amendment would add to the Bill of Rights the fundamental right to make and carry out decisions about a person's own reproductive care, with only certain specific exceptions. It specifically allows the state to pass laws regulating abortion care in the third trimester of pregnancy, but requires any such law to allow abortion care when it is medically needed to protect the life and health of the pregnant person or because the fetus is not viable. The proposed text also bars the state from penalizing or prosecuting a person for the person's own pregnancy outcomes or for voluntarily assisting another person's exercise of the right, and provides that infringements must be justified by a compelling state interest achieved by the least restrictive means. The explanation does not state a fiscal impact.[8]
A YES vote means
Adds a new section to the Virginia Constitution's Bill of Rights protecting a fundamental right to reproductive freedom (including prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management and fertility care), with state regulation of third-trimester abortion allowed only if abortion remains available when a physician judges it medically indicated to protect the life or physical or mental health of the pregnant person or the fetus is not viable.
A NO vote means
Leaves the Constitution unchanged: it continues not to explicitly provide a right to reproductive freedom or explicitly protect or prohibit certain kinds of health care procedures or decisions.
The law today
Department of Elections 'Present Law': the Virginia Constitution does not explicitly provide a right to reproductive freedom nor explicitly protect or prohibit certain kinds of health care procedures or decisions.[8]
Arguments made for
- The ACLU of Virginia, said in a January 16, 2026 statement by Executive Director Mary Bauer: "This year, Virginians will finally have the chance to make sure that who we marry, what private decisions we make about our reproductive health, and whether we have a say in our democracy doesn’t depend on who’s in office."[4]
- Han Jones, campaign manager for Virginians for Reproductive Freedom, told a rally crowd to vote yes on Question 1 because "at no point is a politician more qualified than you and your doctor to make personal decisions about your health care and pregnancy," per Virginia Mercury.[5]
Arguments made against
- The Family Foundation's campaign page says: "If passed, the zero-safety, no-guardrails abortion amendment would legalize abortion up to birth, erase parental consent and stop reasonable safety standards".[6]
- Thomas Hill, co-founder of Virginia for Preborn Justice, said: "We have an obligation to one another to protect and defend human life at all stages," per the Rockbridge Report; the report says Hill argues the amendment goes too far by overriding existing protections such as parental consent.[7]
On record in support
On record in opposition
- Virginia Catholic Conference, LLC; Virginia Medical Professionals for Women's Safety; Virginians for Safe Reproductive Policy; and VSHL 2026 Referendum Committee (registered referendum committees listed under 'Vote No').[10]
- The Family Foundation (campaign page urging a no vote on Question 1).[6]
- Virginia for Preborn Justice (co-founder Thomas Hill).[7]
Research notes & limits
Official ballot question and the Explanation for Voters are taken from the Virginia Department of Elections brochure; the question text was cross-checked against the Department's certified list of ballot questions. The 2026 General Assembly resolution itself (Legislative Information System) could not be retrieved as plain text; the proposed amendment text is taken from the Department's brochure. Legislative vote counts are from Ballotpedia News (reference) because the LIS roll calls could not be loaded. Arguments are campaign and advocate statements (no official argument pamphlet is published in Virginia); each side is given two attributed statements. Litigation status was last confirmed from KFF's September 24, 2026 update; later court action was not checked. Web search on 2026-10-19 found no court ruling after late August/September 24 that removes the measure; the Department's certified list still shows it. Plaintiff descriptions differ between KFF (two medical advocacy groups plus Meagan Kade) and Virginia Mercury (Kade and Sheila Furey).
Sources · 10
Researched 2026-10-19. Green citations are official government records.
- 1.Virginia General Assembly places constitutional amendments on same-sex marriage, abortion, voting rights following criminal convictions on the Nov. 2026 ballot · Ballotpedia News · 2026-01-21 Reference
- 2.Abortion on the 2026 Ballot: The Evolving Landscape of State Abortion Initiatives · KFF · 2026-09-24 News report
- 3.November 2026 Proposed Constitutional Amendments and Local Referenda · Virginia Department of Elections Official record
- 4.Virginians will get to vote directly on whether to enshrine critical civil rights and civil liberties in our state constitution · ACLU of Virginia · 2026-01-16 Candidate's own words
- 5.Richmond No Kings protest turns out hundreds ahead of midterm election · Virginia Mercury · 2026-10-17 News report
- 6.Virginia Question 1 (2026): The Abortion Amendment · The Family Foundation Candidate's own words
- 7.Voters set to decide on three state constitutional amendments in Virginia · Rockbridge Report (Washington and Lee University) · 2026-10-15 News report
- 8.Proposed Constitutional Amendments to be voted on at the November 3, 2026 election (full text and Explanation for Voters) · Virginia Department of Elections Official record
- 9.If Va.’s reproductive rights amendment passes, challengers say they’ll fight to overturn it in court · Virginia Mercury · 2026-08-28 News report
- 10.Committees Prepare Campaign for Constitutional Amendments · VPM News · 2026-07-27 News report