2026 Virginia Right to Reproductive Freedom Amendment

2026 Virginia Right to Reproductive Freedom Amendment

November 3, 2026

Right to Reproductive Freedom Amendment

The Right to Reproductive Freedom Amendment is a legislatively referred constitutional amendment on the November 2026 ballot in the state of Virginia. If passed, the state's constitution will be amended to provide that "every individual has the fundamental right to reproductive freedom, including 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." However, it will allow the legislature to restrict abortion in the third trimester, so long as it is not necessary to protect the life or physical or mental health of the pregnant individual, or if the fetus is not viable. ^{[1] [2] [3]}

Contents

If passed, the amendment would add Section 11-A to Article I of the Constitution of Virginia: ^[1]

Section 11-A. Fundamental right to reproductive freedom.

That every individual has the fundamental right to reproductive freedom, including 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.

An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.

Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.

The Commonwealth shall not discriminate in the protection or enforcement of this fundamental right.

The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual based on such individual's own exercise of this fundamental right or such individual's own actual, potential, perceived, or alleged pregnancy outcomes, including miscarriage, stillbirth, or abortion. The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.

For the purposes of this section, a state interest is compelling only if it is for the limited purpose of maintaining or improving the health of an individual seeking care, consistent with accepted clinical standards of care and evidence-based medicine, and does not infringe on that individual's autonomous decision making.

This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of the section.

Endorsements

Yes

Statewide officials

• Abigail Spanberger, governor of Virginia (2026–present) (Democratic) ^[4]
• Ghazala Hashmi, lieutenant governor of Virginia (2026–present) (Democratic) ^[5]
• Jay Jones, attorney general of Virginia (2026–present) (Democratic) ^[6]

State legislators

• Michael Jones, former state delegate from the 77th district (2024–2025) and state senator from the 15th district (2026–present) (Democratic) ^[7]

Organizations

• ACLU Virginia ^[8]
• Planned Parenthood Virginia ^[9]
• Reproductive Freedom for All ^[10]

No

Individuals

• John Reid, talk radio host and nominee for lieutenant governor in 2025 (Republican) ^[11]

Organizations

• Heritage Action ^[12]
• Family Foundation of Virginia ^[13]

Polling

Poll source	Date(s) administered	Sample size [a]	Margin of error	Phrasing	Yes	No	Undecided
Virginia Commonwealth University [14]	December 18, 2024 – January 15, 2025	806 (A)	± 4.73%	"This past November, the Virginia House of Delegates advanced a joint resolution seeking to place abortion rights in the Virginia State Constitution. Do you agree or disagree with this resolution?"	62%	30%	9%
The Wason Center [15]	January 6–13, 2025	806 (RV)	± 3.60%	"Would you support or oppose amending Virginia's constitution to guarantee reproductive rights, such as access to contraception and abortion?"	61%	32%	8%

Results

Right to Reproductive Freedom Amendment results

Choice	Votes	%
Result not yet known
Total votes	—	100.00

Notes

1. Key:
   A – all adults
   RV – registered voters
   LV – likely voters
   V – unclear

References

1. "HOUSE JOINT RESOLUTION NO. 1" (PDF). January 17, 2026. Retrieved January 18, 2026.
2. Sherman, Carter (January 16, 2026). "Virginia voters to decide on amendment to protect abortion rights". The Guardian . Retrieved January 18, 2026.
3. "Virginia Right to Reproductive Freedom Amendment (2026)". Ballotpedia . Retrieved January 18, 2026.
4. Barrow, Bill (October 20, 2025). "Republican Winsome Earle-Sears and Democrat Abigail Spanberger spar over abortion in Virginia". PBS News. Spanberger, a former congresswoman, supports a proposed state constitutional amendment that'll reach voters only if Democrats maintain their House of Delegates majority.
5. "Ghazala Hashmi speaks out: 'I'm so thankful my doctor could save my life'". The Virginia Independent. August 27, 2025. Retrieved January 19, 2026.
6. "Jay Jones promises to protect reproductive rights if elected Virginia's attorney general". The Virginia Independent. September 3, 2025. Retrieved January 19, 2026.
7. Kutner, Brad (December 8, 2025). "Candidates in Virginia Senate special election target redistricting, constitutional amendments and affordability". WVTF. Retrieved January 19, 2026.
8. "Reproductive Freedom Action Hub". ACLU of Virginia. Retrieved January 19, 2026.
9. "Take Action". Planned Parenthood Action. Retrieved January 19, 2026.
10. "Reproductive Freedom for All Celebrates Virginia House of Delegates Vote Advancing Constitutional Amendment to Protect Abortion Rights". Reproductive Freedom for All. January 15, 2026. Retrieved January 19, 2026.
11. Woods, Charlotte Rene (June 18, 2025). "John Reid would vote 'no, no, no' on in-progress constitutional amendments • Virginia Mercury". Virginia Mercury. Retrieved January 19, 2026.
12. "Protect Virginia's Constitution". Heritage Action. Retrieved January 19, 2026.
13. "Stopping Unlimited Abortion in Virginia". The Family Foundation. Retrieved January 19, 2026.
14. "Wilder Poll Winter 2024". Virginia Commonwealth University on Drive. Retrieved January 19, 2026.
15. "Spanberger holds a 5-point lead over Winsome Earle-Sears in Virginia Governor's Race with 16% undecided". Christopher Newport University. October 6, 2025. Retrieved January 19, 2026.