The November 2026 General Election in Virginia includes a ballot question proposing an amendment that would solidify abortion as a constitutional right in Virginia.
The proposed state constitutional amendment will appear on the ballot Nov. 3.
During the 2026 Regular General Assembly Session, SB449 was proposed as a state constitutional amendment that would make reproductive freedom a fundamental right. The bill was patroned by Sen. Jennifer Boysko, D-38th District.
The amendment was proposed to ensure access to abortion after the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization that the U.S. Constitution does not give the right to abortion.
Virginia Gov. Abigail Spanberger made a statement regarding the amendment.
“And in November, Virginians will vote to enshrine reproductive freedom in our Constitution — so no future Governor and no future legislature can unilaterally take these rights away,” Spanberger said.
In Virginia, abortion is currently legal with minimal restriction through the first two trimesters, with several restrictions during the third trimester through birth.
The Code of Virginia states that abortions are legal for up to 26 weeks and six days, or the end of the second trimester. However, a mother may have a late-term abortion with certification from three licensed physicians.
The proposed amendment would only require one physician or abortion provider to approve the abortion.
Executive Director for the Blue Ridge Pregnancy Center (BRPC) Jane Oliver said the amendment would make abortions even more accessible and offer no protection for babies that survive an abortion.
“It will allow unrestricted abortions well past the point of viability all the way up to the moment of birth at the sole discretion of the single abortion provider instead of the current requirement that three physicians agree,” Oliver said. “It also does not allow for any reasonable life-saving medical intervention for babies born alive during an abortion procedure.”
Oliver also mentioned that the referendum threatens life-affirming organizations like BRPC.
“Our outreach to women in unplanned pregnancy situations who are vulnerable to the choice of abortion or who have decided to choose abortion could be interpreted as ‘directly or indirectly denying, burdening, or infringing upon’ their fundamental right to abortion simply because we do not provide abortion services,” Oliver said.
Vice President of the Church Ambassador Network at the Family Foundation of Virginia Michael Morisi said that the term individual means that there is no age requirement for an abortion. This puts parental rights atstake.
Current Virginia law requires parental consent for minors to have an abortion. However, the proposed amendment notably states that the individual has the right to an abortion — not the adult.
“That means that a 12- or 13- or 14-year-old that finds herself in a difficult position can literally be taken and given an abortion without parental consent,” Morisi said. “The code wording goes on to say that no person can deny that right to anyone.”
Morisi said the amendment endangers children and inhibits the involvement of a parent in their child’s life.
“It is just an egregious proposal that subjects children to the indoctrination of school counselors and other people in their lives and removes a parent’s right to be able to coach, and mentor and help their child,” Morisi said.
The amendment could also open the door to transgender affirmation treatments under the use of the term fertility care. Abortion facilities, like Planned Parenthood, now offer transition treatments.
Planned Parenthood is also one of the nation’s largest abortion providers. In Planned Parenthood’s 2025 Annual Report the organization stated 434,450 abortions were performed during the 2024-25 reporting year. This number, means 1,190.27 abortions were completed daily just from this one organization.
The amendment states that the commonwealth shall not “take adverse action against any individual for aiding or assisting another individual in exercising such other individual’s right to reproductive freedom.”
The term individual is not defined, which Liberty University Alumnus Del. Wendell Walker, R-52nd District said is ambiguous and could be harmful to women’s health.
“If passed, this dangerously vague amendment would remove safeguards for women’s health and enshrine extreme policies into the Virginia Constitution,” Walker said. “It would allow unlicensed abortion providers to perform unregulated abortions at any time up until birth.”
Walker encouraged constituents to vote “no” on the ballot referendum.
“For every citizen who cares deeply about the sanctity of human life, the health and safety of women and the rights of parents to be involved in their children’s medical decisions, I encourage you to join me in voting no on this amendment,” Walker said.
Liberty University President Dondi Costin said life begins at conception and Christians should vote no on this amendment.
“If life begins at conception, as it clearly does, then you should vote with that principle in clear view,” Costin said. “There is only one obvious way to vote on that amendment.”
Costin encouraged voters to participate in the election.
“Some issues are confusing — this one isn’t,” Costin said. “It is obvious based on what Scripture has to say about those two very fundamental issues (marriage and life) in our existence.”
Former Lt. Gov. Winsome Earle-Sears said the example of Mordecai in the book of Esther is relevant today.
“We need more Mordecais who discern the coming destruction and warn the people not to remain silent out of fear of the crowd,” Earle-Sears said.
Gathje is a news editor for The Liberty Champion.