APPROVED BY JOINT P&E COMMITTEE 6/22/2026
Explanation for Proposed Constitutional Amendment
to Be Voted On at the November 3, 2026, Election
PROPOSED CONSTITUTIONAL AMENDMENT
ARTICLE I. Bill of Rights.
Section 11-A. Fundamental right to reproductive freedom.
EXPLANATION FOR VOTERS
QUESTION 1
Present Law
Currently, the Virginia Constitution does not explicitly provide to its citizens a right to
reproductive freedom nor does it explicitly protect or prohibit certain kinds of health care
procedures or decisions.
Proposed Amendment
The proposed amendment would add to the Virginia Constitution's Bill of Rights the
fundamental right to make and carry out decisions about a person’s own reproductive care with
only certain, specific exceptions. The proposed amendment specifically allows the state
government to pass laws to regulate abortion care in the third trimester of pregnancy, but
requires any such law to allow for abortion care when it is medically needed to protect the life
and health of the pregnant person or because the fetus is not viable.

BALLOT QUESTION
Should the Constitution of Virginia be amended to (i) protect the freedom to make personal
decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage
management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for
these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of
pregnancy except when the patient's health is at risk or the pregnancy cannot survive?
FULL TEXT OF AMENDMENT
[Proposed new language is underlined. Deleted old language is stricken.]
ARTICLE I
BILL OF RIGHTS
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