Virginia voters passed Amendment 1 on November 3, 2026, with over 60% approval, enshrining a constitutional right to reproductive freedom. The measure replaces previous requirements for two consulting physicians during third-trimester abortions with the sole judgment of a single doctor for health exceptions. Medical groups express concern over reduced safety regulations and altered parental consent rules for minors, while legal challengers prepare for a November 13 court hearing.
Election results And campaign spending
- ▪Groups supporting Virginia's constitutional Amendment 1 raised approximately three times more campaign money than opposing groups as of October 21, 2026, according to the Virginia Public Access Project
- ▪The Associated Press called the vote for Virginia's Amendment 1 at 9:01 p.m. on November 3, 2026, with the measure passing 60.7% to 39.3% with approximately 63% of ballots counted
- ▪Virginia voters approved Amendment 1 on November 3, 2026, enshrining a fundamental right to reproductive freedom in the state constitution
Post-election legal challenge
- ▪Judge Jack Hurley of the Tazewell Circuit Court scheduled a November 13, 2026 hearing on a post-election legal challenge attempting to block certification of the Virginia abortion amendment
- ▪Opponents in the Tazewell Circuit Court challenge allege that the language on the Virginia ballot was deceptive regarding the scope of deregulation for abortion procedures
Changes to third-trimester rules
- ▪Prior to the passage of Amendment 1, Virginia law required two consulting physicians to concur before a third-trimester abortion could be legally performed
- ▪Virginia's Amendment 1 permits third-trimester abortions to protect the life or physical or mental health of the pregnant individual
Medical Professionals' safety concerns
- ▪Dr. Timothy Boley of Virginia Medical Professionals for Women's Safety stated after the election that Amendment 1 raises serious questions regarding the future of medical safeguards in Virginia
- ▪Dr. Christina Francis of AAPLOG stated that Virginia's Amendment 1 could allow non-physicians to perform abortions and lead to the invalidation of facility medical inspection standards
Virginia abortion landscape before amendment 1
- ▪The pro-abortion Guttmacher Institute recorded nearly 40,000 abortions in Virginia in 2025, with roughly 8,400 performed on out-of-state residents
- ▪Prior to the passage of Virginia's Amendment 1, Virginia permitted abortions through 27 to 28 weeks of pregnancy, making it the most permissive state for abortion in the southeastern United States
Impact on minors and parental rights
- ▪Virginia's Amendment 1 strips any age restriction for obtaining an abortion in the state
- ▪Virginia's Amendment 1 eliminates parental notification and consent requirements for minor girls seeking abortions in the state
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