Virginia Democrats Look to Advance Abortion Ballot Measure Following November Win

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Virginia Democrats are looking to codify the “right” to abortion in the state Constitution, after securing both the state House and Senate.

Virginia Democrats pre-filed the proposal to be offered on January 10, 2024, after their election victories on Nov. 7. The language of the proposal would establish a “fundamental right to reproductive freedom.”

The proposal reads:

That every individual has the right to reproductive freedom. This right to make and effectuate decisions about all matters related to pregnancy shall not be denied, burdened, or infringed upon, unless justified by a compelling state interest and achieved by the least restrictive means that do not infringe an individual’s autonomous decision-making.

In addition, the proposal states that the Commonwealth shall not penalize, prosecute, or take adverse action against an individual on the basis of pregnancy decision.

The earliest the resolution could appear on a Virginia ballot is November of 2026.

Abortion is currently legal in Virginia through 26 weeks of pregnancy and after that point to save the life or health of the mother. Virginia is the only southernmost state that has not passed a significant restriction on abortion since the Supreme Court struck down Roe v. Wade last year.

Both parties in Virginia heavily campaigned on different abortion strategies. Republican Gov. Glenn Youngkin pushed for a 15-week abortion restriction, and Democrats worked to frame the Virginia elections as the next referendum on “abortion rights.” Notably, abortion was mentioned in 42 percent of ads aired by Democrat candidates according to AdImpact.

Activists and lawmakers in at least nine other states are pursuing abortion ballot measures,

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