Unlike two other civil rights-related constitutional amendments that passed with bipartisan support over the past year, Virginia’s reproductive rights measure has faced intense debate at every stage, with every Republican in the legislature opposing it.
This article was reprinted with permission from Virginia Mercury.
A proposal allowing mid-decade redistricting of Virginia’s congressional maps that cleared the legislature last week may dominate debate heading into a spring special referendum, but a constitutional amendment on reproductive rights is poised to ignite similar fervor as the November election approaches.
Unlike two other civil rights-related constitutional amendments that passed with bipartisan support over the past year, Virginia’s reproductive rights measure has faced intense debate at every stage, with every Republican in the legislature opposing it.
In defending her amendment for the final time, Sen. Jennifer Boysko, D-Fairfax, emphasized that advancing the proposal would ultimately leave the decision to voters across the state.
Ranging from fertility treatments to contraception access to the ability to obtain an abortion, “this amendment protects families’ entire scope of reproductive needs,” she said.
Boysko and several other Democratic lawmakers have described how women in states with abortion bans have died amid pregnancy complications. Those states have also seen an exodus of OB-GYN physicians amid uncertainty of treating patients who need abortions or miscarriage management.
Boysko grew tearful as she recounted stories and advocacy shared by constituents and people around the state.
Relatedly, Sen. Emily Jordan, R-Isle of Wight, struck a somber tone as she noted that “this is a difficult topic for a lot of people.”
On the opposite side of the chamber’s aisle — and in opposition to the amendment — Jordan unsuccessfully attempted to modify the proposal to explicitly spell out care for babies when born.
A sticking point for some Republicans has been concern that the amendment could be interpreted to allow abortion up to the “moment of birth,” though infanticide remains illegal under both state code and federal law.
Sen. Tara Durant, R-Stafford, also attempted for the second legislative session in a row, to reiterate existing parental consent laws. Democrats and legal experts said it is unnecessary. Under Virginia law, minors are required to have parental or guardian consent for an abortion unless they petition a judge for authorization.
On Thursday, Senate Majority Leader Scott Surovell, D-Fairfax, accused Republicans of employing delay tactics by pressing for their amendments to the amendment.
“It is a delay tactic,” Sen. Mark Obenshain, R-Rockbridge, said on Friday, as he urged lawmakers to re-draft the amendment. Doing so, however, would restart the two-year process.
A sense of urgency
While not entirely a partisan issue at the national level, the issue has increasingly fallen along party lines in states. That dynamic, Virginia Wesleyan University professor Leslie Caughell said, helps explain why Democrats are moving quickly while they hold legislative majorities.
Though placing language in the Constitution is difficult, it is also harder to undo. With every other Southern state imposing deep restrictions or near-total bans, bolstering Virginia’s protections has become a priority for Democrats. Providers and abortion funds in Virginia have also seen a surge in out-of-state patients seeking care.
“I think everything that happened in North Carolina made activists on this really uncomfortable,” Caughell said.
In 2023, a member of the neighboring state’s legislature switched from Democrat to Republican, giving the GOP a veto-proof majority and paving the way for enactment of North Carolina’s current 12-week abortion limit.
In Virginia, Republicans have also put forward a range of abortion restrictions, from near-total bans to a 15-week cap that lacked exceptions for fetal anomalies — which are often not detected until around or after 15 weeks.
On other reproductive health issues, a right-to-contraception bill has twice been vetoed by former Gov. Glenn Youngkin — a point Boysko reiterated as the amendment advanced last week.
‘Yes’ and “No’ campaigns on the horizon
Reproductive rights groups in Virginia, along with physicians and volunteers, have coordinated as part the national Reproductive Freedom for All effort. Last year, a $5 million investment supported targeted initiatives ranging from canvassing to digital advertising in states such as Virginia, where Abigail Spanberger was elected governor.
Spanberger campaigned in part on supporting the amendment, though governors do not formally factor into its success or failure.
“I look forward to spending ample time in advance of the 2026 elections campaigning to make sure that people understand the importance of this constitutional amendment,” she told The Mercury last summer.
On the other side, SBA Pro-Life America supported Virginia-based anti-abortion groups last year through door-knocking efforts in key House of Delegates districts that were up for election.
Democrats ultimately grew their majority by flipping additional seats.
The abortion-opposing group “doesn’t have anything to share on the Virginia front at this time,” Communications Director Kelsey Pritchard said in an email, but the organization is monitoring Virginia among other states as it prepares to engage voters.
Virginians for Reproductive Freedom — which includes organizations like Repro Rising and Planned Parenthood Advocates of Virginia — will likely ramp up public engagement events and advertising as the November elections approach.
Caughell said she is watching closely to see how Virginia’s constitutional amendment campaigns intersect with this year’s congressional midterm elections.
The measures — which include redistricting, reproductive rights, same-sex marriage rights and voting rights — arrive at a moment when Democrats may have an advantage, she noted.
Midterm elections are often a referendum on the party that controls the White House, Caughell said.
With Republican President Donald Trump in the White House, GOP majorities in Congress, and federal funding fallouts affecting states, the amendments championed by Democrats could also help drive down-ballot votes.
She also noted that abortion, as a distinct health care need, has become a more salient argument in recent years, alongside economic considerations and support for personal choice.
“We’ve expanded the parameters of our understanding of who this issue directly affects,” Caughell said.
Speaking with reporters outside the Senate chamber Friday, Sen. Mamie Locke, D-Hampton, emphasized that the work is not finished.
“It’s our responsibility to go out there and tell the voters this is what this means and help everybody understand what they’re voting for,” she said.
