RICHMOND, Va. (OSV News) — The Virginia General Assembly has sent a sweeping amendment enshrining a “fundamental right” to abortion in the Constitution of Virginia to a statewide referendum on the November ballot.
If the voters approve the amendment, it will establish virtually unlimited abortion at any stage of pregnancy as a “fundamental right” in Virginia’s constitution.
Virginia Pro-Life Day
The amendment passed the General Assembly Jan. 16 despite the best efforts of the bishops and more than 600 pro-life advocates who met with legislators a day earlier, on Virginia Pro-Life Day.
Two proposed changes to the amendment were voted down: first, a proposal to keep the current parental consent law enforceable; second, a “born-alive” protection that would guarantee the right to medical care for a child born despite an attempted abortion.
The parental consent law currently upholds parental rights in decision-making for minors under 18 on a variety of issues, including abortion, though there is a judicial override on abortion.
‘Shocking to the conscience’
Richmond Bishop Barry C. Knestout joined Arlington Bishop Michael F. Burbidge in calling the amendment “radical,” “extreme” and “shocking to the conscience” in a Jan. 16 statement.
“We will be deeply engaged in the work of helping to educate voters on these proposed amendments, and we will fight the extreme abortion amendment with maximum determination,” said the bishops.
The state Legislature first approved the proposed amendment in early 2025, but by Virginia law, the proposal must pass in two consecutive state legislatures. The House of Delegates approved the 2026 version of the amendment Jan. 14.
‘Will be most extreme in nation’
“It will be the most extreme abortion amendment in the nation. This prevents the state from regulating abortion in any way, shape or form, all the way down to inspecting clinics for basic safety standards,” said state Sen. Glen Sturtevant, a Republican, who belongs to St. Edward the Confessor Parish in Richmond.
The amendment goes far beyond even what Roe v. Wade previously allowed and provides no protections whatsoever for preborn children. It does not include any age restriction or safety standards. Besides severely jeopardizing the parental consent law, it will also impact conscience protections for health care providers.
“This amendment was drafted by very smart lawyers to look innocuous and friendly, so that people will say, ‘Oh, that’s nice. Reproductive freedom — who could be against that?'” said Sturtevant. “In practice, this amendment is going to allow a human trafficker, or an adult that gets a minor pregnant, to bring that young person to this state for an abortion. This amendment would protect that person from prosecution.”
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