Gov. Abigail Spanberger has signed a proposed constitutional amendment that would guarantee reproductive freedom in Virginia’s Constitution, clearing the final step before the measure heads to voters in November.
The measure would establish a "fundamental right to reproductive freedom" in Virginia’s Bill of Rights that includes decisions about abortion care, contraception, fertility treatment, prenatal and postpartum care, childbirth and miscarriage management.
Abortion is legal in Virginia. State law allows the procedure through the end of the second trimester.
But those protections exist in statute, not in the constitution, meaning future governors and lawmakers could change them more easily.
“The biggest impact of the amendment is that it will protect these freedoms that we've already had and, quite frankly, that Virginians overwhelmingly support for generations to come,” said Geri Greenspan, a senior staff attorney with the American Civil Liberties Union of Virginia.
Greenspan pointed to other states where abortion bans took effect quickly after the Supreme Court overturned Roe v. Wade in 2022.
In Texas, strict limits sharply reduced in-state abortion care and forced many residents to seek procedures in other states; Texans accounted for nearly one-fifth of all U.S. out-of-state abortion patients in 2024, according to national data.
Constitutional protections make changing a law more difficult.
Amending the constitution requires approval in two legislative sessions and a statewide vote. The General Assembly first approved the amendment in 2025 and earlier this month.
Tarina Keene, executive director of REPRO Rising, an advocacy nonprofit promoting reproductive rights in Virginia, said the amendment would make reproductive rights less vulnerable to shifting political control.
“Even though abortion is legal in Virginia, we do not have a definitive right in our code or in the constitution,” she said. “It is precarious as to if it will remain legal and accessible.”
If voters pass it, the amendment would become effective on Jan. 1, 2027.
What would the amendment do and what would stay the same?
The amendment would not expand abortion access beyond what is already available under Virginia law. Abortion during the third trimester would still be prohibited, except in two circumstances: when a physician determines the patient’s life or physical or mental health is at risk, or when the fetus is not viable.
It also does not address insurance coverage or public funding, meaning it would not change Medicaid or Medicare payment for reproductive health care.
Keene said the measure would protect patients and providers from criminal penalties for making medical decisions.
“We wanted to make sure that once you have this right, people who want to be with you while you're making this decision, or help you access reproductive health care, are also protected,” Keene said.
Greenspan said the amendment could also shape how future legal disputes over reproductive rights are resolved.
If lawmakers were to pass restrictions that conflict with the constitution, she said, individuals or advocacy groups could challenge those laws in court.
Judges would be responsible for determining whether the state’s regulations violate the new constitutional right.
