Frequently Asked Questions

https://www.plannedparenthood.org/

State law permits abortions during the first and second trimester, or during the third trimester if three physicians agree the pregnancy will lead to the woman’s death or substantially harm her health. But Republicans have pushed to limit abortions since Roe v. Wade was overturned in 2022.

A state Senate committee Tuesday unanimously voted to continue three proposed constitutional amendments on abortion, voting rights restoration and same-sex marriage to 2025.

The amendment — carried by five Democrats, including Sens. Mamie Locke, Jennifer Boysko, Louise Lucas, Ghazala Hashmi and Barbara Favola — would protect reproductive rights.

“This right to make and effectuate one’s own decisions about all matters related to one’s pregnancy shall not be denied, burdened, or infringed upon, unless justified by a compelling state interest,” the proposed amendment states. “…The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual on the basis of an actual, potential, perceived, or alleged outcome of such individual’s pregnancy.”

A constitutional amendment must pass the statehouse during two legislative sessions with an election in between. It then needs approval from Virginia voters — not the governor — to take effect. Given the state’s election schedule, any new amendments wouldn’t go before voters until 2026.

ACTION ALERT 

On November 13, the Virginia House Privileges & Elections Committee advanced the proposed reproductive freedom amendment, the first of many steps in approving a constitutional amendment in Virginia. HJ1 gives every person “the fundamental right to reproductive freedom.” Please take a minute to read this very important bill: https://lis.blob.core.windows.net/files/1011511.PDF

HOUSE JOINT RESOLUTION NO. 1 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the House Committee on Privileges and Elections 

on ________________) 

(Patron Prior to Substitute—Delegate Herring) 

RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each 

house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, 

proposed and referred to the General Assembly at its first regular session held after the next general election 

of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of 

Article XII of the Constitution of Virginia, namely: 

Amend the Constitution of Virginia by adding in Article I a section numbered 11-A as follows: 

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 

OFFERED FOR CONSIDERATION 

11/13/2024 

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.