Virginia voters will decide the future of abortion access

January 16, 2026

Virginia's legislature has approved a constitutional amendment protecting reproductive rights that will go before voters later this year, following passage in both the House of Delegates and state Senate. The amendment, which had to pass in two consecutive legislative sessions under Virginia law, comes as the state remains the only Southern state without new abortion restrictions since Roe v. Wade was overturned in 2022.

Who is affected

Residents of Virginia seeking abortion care
Out-of-state patients traveling to Virginia for abortion services, particularly from North Carolina, Florida, and Georgia
Abortion providers in Virginia
The Blue Ridge Abortion Fund and similar organizations
Women in neighboring Southern states with restrictive abortion laws
Formerly incarcerated people who completed felony sentences (through related voting rights amendment)
Same-sex couples (through related marriage amendment)

What action is being taken

Virginia lawmakers are presenting the constitutional amendment to voters later this year
The Blue Ridge Abortion Fund is helping patients find clinics, paying for abortion care, arranging child care, and supporting post-procedure care
Virginia clinics are performing abortions for an increasing number of out-of-state patients

Why it matters

This amendment is significant because Virginia is the only Southern state that hasn't enacted new abortion restrictions since Roe v. Wade was overturned, making it a crucial access point for reproductive care in the region. The constitutional protection would permanently enshrine abortion rights beyond legislative changes, ensuring long-term reproductive freedom in a politically competitive "purple" state. With neighboring states like North Carolina, Florida, Georgia, and Tennessee implementing severe restrictions or total bans, Virginia has become increasingly vital for out-of-state patients—evidenced by the 4,400-person increase in out-of-state patients in 2024 alone. The amendment represents not just current policy but generational protection against future political shifts in a state where the governor's mansion has regularly changed party control.

What's next

Voters will decide on the constitutional amendment later this year
The legislature is expected to pass additional constitutional amendments regarding same-sex marriage and voting rights restoration for formerly incarcerated people
A fourth constitutional amendment would allow redistricting to add up to four Democratic congressional seats, potentially in time for the 2026 midterm elections
Virginia could pass "shield" laws protecting providers from prosecution for prescribing medication abortion to patients in states with restrictions

Read full article from source: The 19th