Virginia Constitutional Amendment 1 of 3
Right to Reproductive Freedom
November 3, 2026 General Election Ballot
What This Amendment Is About
This amendment would add a new section to the Virginia Constitution guaranteeing the right to make personal decisions about pregnancy, childbirth, and reproductive health care.
Current Law
Virginia does not have a constitutional guarantee of reproductive rights. Abortion is currently legal in Virginia up to the end of the second trimester (about 26–27 weeks). This is defined by state law — not the constitution — and can be changed by the legislature at any time.
The U.S. Supreme Court’s 2022 Dobbs decision removed federal constitutional protections for abortion, leaving each state to set its own rules.
Proposed Law
The amendment would add Section 11-A to Article I of the Virginia Constitution, stating:
Every individual has a fundamental right to reproductive freedom, including decisions about prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage management, and fertility care.
The state may only limit this right when it has a compelling reason and uses the least restrictive means possible.
What the Ballot Question Asks
“Should the Constitution of Virginia be amended to protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care, and to require that any law that interferes with these decisions be narrowly tailored to serve a compelling state interest?”
How Your Vote Counts
✔ YES Vote Means…
The Virginia Constitution is amended to add a fundamental right to reproductive freedom.
Future state laws restricting reproductive decisions would face a high legal bar — they must serve a compelling state interest and be the least restrictive option available.
This protection can only be removed by another constitutional amendment approved by voters.
✘ NO Vote Means…
No change is made to the Virginia Constitution.
The current state laws on abortion and reproductive health care remain in place.
The General Assembly retains full authority to expand or restrict reproductive health laws through the normal legislative process, without the higher standard a constitutional right would require.
This site has complete information on voting in the November 3, 2026, election: Virginia Department of Elections – Upcoming Elections
This guide is non-partisan and presents facts only. It does not advocate for or against this amendment.
Prepared by the League of Women Voters of the Charlottesville Area · Virginia General Election — November 3, 2026