ELECTION 2026: CONSTITUTIONAL AMENDMENT QUESTION 1

OFFICIAL BALLOT LANGUAGE

“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?” (spotsylvania.va.us⁠)

By John L. Williams | The Spotsylvania Gazette

SPOTSYLVANIA COUNTY — Spotsylvania voters will join voters across Virginia on Nov. 3 in deciding whether to establish a fundamental right to reproductive freedom in the state Constitution.

Question 1 would add Section 11-A to Virginia’s Bill of Rights. The proposed protections cover reproductive care, including contraception, pregnancy care, abortion, miscarriage management and fertility care. (elections.virginia.gov⁠)

QUESTION 1 AT A GLANCE

A YES vote approves adding the proposed reproductive-freedom protections to Virginia’s Constitution.

A NO vote rejects this proposed constitutional change.

If approved by a majority of those voting on the question, the amendment would take effect Jan. 1, 2027. (lis.blob.core.windows.net⁠)

WHAT WOULD CHANGE?

Virginia’s Constitution currently does not explicitly establish a right to reproductive freedom, according to the Virginia Department of Elections.

The amendment would establish that right and require government restrictions to meet a demanding constitutional standard: They must serve a compelling state interest through the least restrictive means.

The proposal defines that interest narrowly around protecting or improving the health of the person seeking care, consistent with accepted clinical standards and evidence-based medicine, while respecting that person’s decision-making. (elections.virginia.gov⁠, lis.blob.core.windows.net⁠)

WHAT DOES IT SAY ABOUT THIRD-TRIMESTER ABORTIONS?

The amendment expressly allows Virginia to regulate abortion care during the third trimester.

However, the state could not prohibit an abortion when a physician determines that it is medically necessary to protect the pregnant person’s life or physical or mental health, or when the physician determines that the fetus is not viable.

The full amendment’s wording matters: The ballot question summarizes the proposal, while the constitutional text spells out these standards. (lis.blob.core.windows.net⁠)

HOW DID IT GET ON THE BALLOT?

The General Assembly first approved the proposal in 2025 and considered it again after the November 2025 House of Delegates election.

During the second approval process, the House passed House Joint Resolution 1 by a vote of 64–34 on Jan. 14, 2026. The Senate approved it 21–18 on Jan. 16. The legislature’s approval advanced the proposal to voters; it did not itself amend the Constitution. (acluva.org⁠, house.vga.virginia.gov⁠, legiscan.com⁠)

WHY SUPPORTERS FAVOR IT

Supporters, including the ACLU of Virginia, say reproductive health decisions should remain with individuals and their health care providers.

They argue that constitutional protection would make those rights harder for future elected officials to restrict and provide greater security than ordinary legislation. The ACLU is campaigning for a YES vote. (acluva.org⁠, acluva.org⁠)

WHAT ARE OPPONENTS’ CONCERNS?

Opponents, including the Catholic bishops of Richmond and Arlington, argue that the amendment’s language is too broad.

Their campaign raises concerns about protections for unborn children, parental involvement in minors’ care and the future enforceability of medical safeguards. They urge a NO vote. These are opponents’ arguments about the proposal’s potential effects. (protectvirginia2026.org⁠)

The amendment does expressly permit some regulation. Its constitutional standards would govern whether particular restrictions could remain in force, and disputes over their application could require court decisions. (elections.virginia.gov⁠, vpm.org⁠)

THE DECISION BELONGS TO VOTERS

A YES vote adds the proposed protections to Virginia’s Constitution.

A NO vote leaves the Constitution without this proposed addition. It does not, by itself, enact a new abortion ban. (elections.virginia.gov⁠)

The decision belongs to Virginia voters, including those in Spotsylvania County.

The Spotsylvania Gazette does not endorse a YES or NO vote.

This is the first article in the Gazette’s ongoing series examining Virginia’s three proposed constitutional amendments on the Nov. 3 ballot.

LETTERS TO THE EDITOR

The Gazette welcomes letters about Question 1 and the other proposed amendments. Use the Gazette QR code to reach the publication’s submission page.

Letters may be edited for length, clarity and style. Publication is at the editor’s discretion.

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