Early voting in Virginia’s midterm elections opened Sept. 18, with the inclusion of a limitless abortion amendment on the ballot. If passed, the far-reaching, Democrat-backed amendment would enshrine unchecked abortions for minors of any age, abortionists leaving abortion survivors to die, and abortion until birth in the state’s constitution.
The stakes are high.
The ballot asks voters, “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?”
The obscure and broad language would provide expansive legal protections for undefined “reproductive health care.”
Abortion law in Virginia is already permissive, allowing for late-term abortions if three physicians conclude a pregnancy would cause the mother grave harm. The language of the amendment allows for the tearing apart of a fully formed baby in the womb if the sole profiting abortionist performing the surgery approves. The misnomer of lifesaving “necessary” abortion would extend to mental health, per the abortionist’s discretion.
Under current law, abortionists may be prosecuted for performing a third-trimester abortion outside of the legal criteria, failing to procure consent from the mother for the procedure, or performing a partial-birth abortion.
If passed, the amendment would provide sweeping protections for these death dealers. No professional licensing requirements are listed. Anyone “assisting” in a woman’s “right” to an abortion is protected, as long as voluntary consent is procured.
Shockingly, no age limit is included in the amendment’s language. The terminology “individual,” which carries a “fundamental right to reproductive freedom,” is used in lieu of “adult” in terms of abortion, and consensual sexual activity. The language undermines parental rights, including no notification or consent requirements. If that sounds radically dangerous for young Virginians, it is. This lack of clear legal boundaries for the person accompanying a minor would open the door for abuse, coercion, and trafficking.
Furthermore, abortion industry bias would define legally protected “clinical standards of care,” inviting the potential for unregulated houses of horror — a death-for-profit industry determining its own care standards is in no one’s best interest.
Finally, Democrats ensured the inclusion of one last atrocity: babies born alive during an abortion would have no right to life-saving care.
Legal Opposition
Radically reduced parental rights, taxpayer funding of abortion, lack of accountability for anyone pursuing a leftist cause in the name of “reproductive health care,” increased sexual abuse and coercion of children, radical measures forced upon Christian ministries, and unregulated surrogacy and infanticide are just some of the grave and valid concerns of those opposing the bill.
Since passing two consecutive sessions by Virginia’s Democrat-majority legislature in January, multiple groups have contested the legality of the ballot questions and proposed amendment through lawsuits. Medical professionals across the state have denounced the vague language and lack of safeguards, and in a historic move, Virginia’s Catholic bishops instructed all priests to urge Catholics to vote “no” during Sunday homilies prior to early voting.
Days before early voting opened, a lawsuit to remove the amendment from the ballot faced a major setback when a lower court denied its motion to circumvent an appellate hearing to be heard by the Supreme Court. The plaintiffs requested an expedited high-court hearing, but will have to wait until Oct. 19 to be heard in the Virginia Court of Appeals, more than a month after voting is underway.
Although Democrats’ attempt to secure new, illegally-drawn voting maps through a ballot measure was blocked by the state’s supreme court earlier this year, abortion amendments have by and large been successfully passed into law in left-leaning states.
A Failed Process
Virginia’s Democrat-majority legislature now leans far left.
Sen. Glen Sturtevant described Virginia’s abortion amendment as “the most expansive, extreme constitutional amendment that has been pushed around the country.”
“When we were combatting this on the floor, we really focused on the fact that the amendment … would clearly cover minors seeking an abortion,” Sturtevant said. “The amendment would trump state law, and effectively overturn parental consent laws we have on the books.”
But the Democratic majority voted Republicans down, also killing the inclusion of born alive care requirements.
Although she ran as a moderate in 2025, Democrat Gov. Abigail Spanberger has championed the abortion amendment, and approved the incomplete, misleading language that now sits before voters on the ballot.
“Constitutional amendments should meet at least three standards — seriousness, clarity, and bipartisanship,” said Mark Earley, attorney and former Virginia delegate. “Amendment 1 fails on all three fronts. It was rushed through committee while rebuffing serious witness testimony, the language is vague and undefined, and it passed without a shred of bipartisanship — not even one Republican vote.”
Lawmakers take an oath to serve and protect the public. The people of Virginia would do best to vote this amendment down, and direct great scrutiny upon the legislators who so vehemently endorsed it.
