Virginia Democrats Lay Groundwork for Abortion Constitutional Amendment

Virginia Democrats have begun the process of trying to put a proposed amendment before voters that would enshrine a right to abortion into the state constitution.

The effort comes after the 2024 election cycle in which abortion was on the ballot in ten states. Seven states passed the measures, while three states rejected them.

A state House of Delegates committee controlled by Democrats advanced three resolutions on Wednesday, including one to enshrine the right to abortion into the Virginia Constitution, the Washington Post reported. The other measures would enshrine same-sex marriage into the state constitution and restore felon voting rights.

“While only the first step in the multiyear process to amend the constitution, the committee votes seemed to set the stage for the fall elections, when all 100 House seats, governor, lieutenant governor and attorney general will be on the ballot,” according to the report.

The state House and Senate will take up all three resolutions when they convene in January. 

“The measures must pass both chambers twice, with an intervening election, and then win approval by voters in separate referendums before they can make it into the constitution,” the report continues. 

READ MORE: Abortion Measures Pass in Seven States, Fail in Three

The abortion measure passed 12-to-9 along party lines, as did the measure that would automatically restore convicted felons with the right to vote upon release from prison. Some Republicans joined Democrats on supporting the same-sex marriage proposal, which could repeat the state constitution’s current defunct ban. 

As of right now, the abortion measure, introduced by House Majority Leader Charniele Herring (D-Alexandria), states 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.” It also says that an individual’s reproductive freedom cannot be “infringed upon … [without] a compelling state interest.”

Republicans on the committee warned the abortion measure could overturn several current restrictions, including requiring parental consent for minors seeking abortions, according to the report. The committee’s legal counsel conceded during questioning from Minority Leader Todd Gilbert (R-Shenandoah) that it is unclear if the parental consent law would withstand a legal challenge if the amendment passes. 

Abortion is legal in Virginia though 26 weeks of pregnancy, which is approximately six months, according to Abortion Finder. Abortion is allowed after that point if the mother’s life or health is at serious risk and must be certified by three doctors.

Gilbert further warned that the abortion resolution could override the current law requiring three physicians to sign off on abortions after 26 weeks.

“With the House and Senate both controlled by Democrats, the measures are likely to pass in the 2025 legislative session but their fate is less certain after the fall elections, when Democrats will have to defend their narrow majority in the House,” the Post notes. 

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.