Advancing Life and Liberty Through Action

Feb 8, 2026

Virginia: 2 Constitutional Amendments, 1 Pro-Abortion, 1 Pro-Same-Sex Marriage

1. “Right to Reproductive Freedom” Constitutional Amendment


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.
For the full text of the House Resolution that introduced this constitutional amendment, see here.

What It Does: Decoding the Text

The “Right to Reproductive Freedom” Amendment would amend the state constitution, enshrining radical abortion and LGBT ideology into state law. Specifically, it would:
  • Permit abortion up to birth for any reason.
  • Permit infanticide by neglect, based on:
    • Language that prohibits prosecution based on “pregnancy outcomes,” one of which could be an infant born alive from a failed abortion who dies by lack of adequate care.
    • Language that says an individual's “right” to abortion shall not be “burdened” unless there is a compelling state interest achieved by the least restrictive means (given the subjective nature of determining a “compelling state interest” and “least restrictive means,” state and local governments will most likely be unable to enforce common-sense regulations like requiring abortion providers to have life-saving medical equipment on hand and administered to any babies that survive abortions).
  • Create a “right” to transgender mutilating surgeries, including for minors.
  • Trample on parental rights, with no parental notification required for any of the above.
  • Place the health and safety of woman at risk as it would make critical, common-sense health and safety rules unenforceable. (Specifically the language states “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;” however, it is almost certain that the abortion industry would decide “acceptable standards of care” and decide what is “evidence based.”)
  • Make it easier for sex-traffickers and abusers to cover up their crimes (based on language that states “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” given “voluntary consent” can be forged.)
  • Create a “right” to fertility care, including IVF and surrogacy, as well as allowing, per the Virginia Family Foundation, “the unregulated sale and purchase of human embryos, and unethical research, commodifying human beings and leading to the exploitation of women.”
  • Open the door to require taxpayer funding for all of the above.
For more details, see the Virgina Family Foundation’s analysis of the language here.

Fiscal Impact
 
There does not appear to be an official fiscal impact statement, however, costs could arise if taxpayers are forced to fund abortion up to birth (which could be required under this law). Similarly, the state could incur costs from legal challenges based on the text, or administrative changes.

Current Status & Next Steps
  • The legislatively referred constitutional amendment was passed by both the VA House and Senate in 2025 and 2026.
  • It may be removed from the ballot, pending a legal challenge by Liberty Counsel.
  • If it remains on the ballot, it will become law via a simple majority vote.
Legal Update

Liberty Counsel filed a lawsuit "against state election officials for failing to follow the state’s constitutional amendment process when approving a pro-abortion amendment for the 2026 ballot." To track the progress of this case, sign up for Liberty Counsel's emails at LC.org!

HOW TO TAKE ACTION

Join the efforts of the Family Foundation of Virginia by volunteering to door knock, make phone calls, organize absentee voting at your church, and more!

You can also donate to the efforts of Liberty Counsel here!


2. The “Same-Sex Marriage” Constitutional Amendment

Text of the Proposed Constitutional Language

That marriage is one of the vital personal rights essential to the orderly pursuit of happiness. This Commonwealth and its political subdivisions shall not deny the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. This Commonwealth and its political subdivisions shall recognize any lawful marriage between two adult persons and treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.

For the full text of the Senate Resolution that introduced this constitutional amendment, see here.

What It Does: Decoding the Text
 
The Virginia “Remove Constitutional Same-Sex Marriage Ban Amendment” would amend the state constitution by repealing language defining marriage as between one man and one woman and adding language to prohibit denying marriage licenses to two adults of any “sex, gender, or race.” In effect, it:
  • Puts clergy at risk, as no conscience (religious or otherwise) objections are outlined.
  • Enshrines gender ideology into the state constitution by distinguishing between sex and gender.
    • As outlined by the Virginia Family Foundation (VFF), this pressures “schools, businesses, and government to adopt policies that conflict with biological reality.”
    • For example, it would threaten girls' safety and sports.
  • As also outlined by the VFF, it promotes societal breakdown by eliminating “language that emphasizes the benefits and obligations of marriage that are important to children, family-building and stable communities.”

Fiscal Impact

There is no official fiscal impact statement; however, the state could incur costs from administrative changes.

Current Status & Next Steps
Likelihood It Will Appear on the Ballot

It will be on the ballot.

HOW TO TAKE ACTION

Join the efforts of the Family Foundation of Virginia by volunteering to door knock, make phone calls, organize absentee voting at your church, and more!
TAKE ACTION