Virginia Democrats Lay Groundwork for Abortion Constitutional Amendment

Virginia Democrats are trying to get a constitutional amendment that would include a right to an abortion in the state constitution before the voters.

This effort follows the election cycle of 2024, when abortion was on the ballots in ten different states. Seven states approved the measures while three rejected them.

The Washington Post reported that a state House of Delegates Committee controlled by Democrats on Wednesday advanced three resolutions, one of which would enshrine abortion rights in the Virginia Constitution. Other measures include enshrining same-sex married into the Virginia constitution, and restoring felon voting rights.

The report states that “while only the first step in a multi-year process to amending the constitution, the votes of the committee seemed to set up the stage for the autumn elections when all 100 House Seats, Governor, Lieutenant Governor and Attorney General will be on ballot.”

All three resolutions will be considered by the state House and Senate when they meet in January.

The report states that “the measures must be approved by the voters in two separate referendums, after passing both chambers, and with an election between, before they are incorporated into the Constitution.”

Both the abortion and the automatic restoration of voting rights for convicted felons upon their release from prison measures passed on party lines with 12-to-9. Some Republicans sided with Democrats in supporting the same-sex proposal that could reinstate the current state constitution ban.

The abortion measure introduced by House Minority Leader Charniele Hering (D, Alexandria) states that, “everyone has the right to reproductive liberty, including the right to make and implement decisions regarding one’s prenatal care and childbirth care, postpartum health care, contraception and abortion care, as well as miscarriage and fertility management.”

Republicans warned that the measure would overturn current restrictions including the requirement of parental consent for minors who seek abortions. When Minority Leader Todd Gilbert, R-Shenandoah, questioned the committee’s legal adviser about the issue, the legal counsel admitted that it was unclear whether the parental consent law could withstand a court challenge if this amendment passed.

According to Abortion Finder, abortion is legal up until 26 weeks, or approximately six months. Abortion can be performed after this point, but only if there is a serious threat to the mother’s health or life. Three doctors must certify that such a risk exists.

Gilbert warned that the resolution on abortion could be used to override current laws requiring that three doctors sign off on abortions performed after 26 weeks.

The Post reports that “With both the House and Senate controlled by Democrats, it is likely that the measures will pass in the 2025 Legislative Session, but their fate may be less certain after the Fall Elections, when Democrats must defend their narrow majority in House.”