Should abortion and contraception rights be included in Virginia's constitution?

RICHMOND, Va. — Among the questions Virginians will be answering when they head to the ballot box for this year's midterms are three proposed amendments to Virginia's Constitution.

One of them is asking whether to enshrine protections for what is calls "reproductive freedom", like abortion and birth control.

A group of doctors and other advocates gathered at the Virginia State Capitol on Friday, opposing the amendment.

They argue its language is too broad and prioritizes patient access over safety.

"Protect our patients, protect standards. Vote 'No' on question one," Dr. Timothy Bowley, an OB-GYN and maternal-fetal medicine specialist and founding member of Virginia Medical Professionals for Women's Safety, said. "It's so vague and broad-reaching that it covers all aspects of reproductive care."

According to the Guttmacher Institute, there were over 39-thousand abortions in Virginia in 2025, including over 84-hundred from out of state.

Virginia is the only Southern state to not add restrictions after the U.S. Supreme Court overturned Roe v. Wade.

Under current Virginia law, abortions are allowed in the first and second trimesters.

In the third trimester, abortions are only allowed if a few criteria are met, including three doctors saying it is needed to save the life or physical or mental health of the mother.

Under current Virginia law, abortions are allowed in the first and second trimesters. Then only in the third if a few criteria are met -- including three doctors saying it's needed to save the life or physical or mental health of the mother. The amendment would lower the number of doctors needed to one.

The new language, if approved, would also state a persons' freedom to get one "shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means" and describes that interest as "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."

Opponents argue the language focuses on patient access, not safety, and will prevent the state from maintaining or improving regulations on abortions, as the state constitution supersedes state law.

They point to Michigan, where a similar constitutional amendment was approved and saw the courts overturn some abortion laws.

"Question one replaces that with a harder test to get safety standards across, and it kicks in for any burden at all, direct or indirect. Technically, an inspection could be seen as a burden. So could a license or a building standard," Victoria Cobb, president of the Family Foundation of Virginia, said.

House Majority Leader Charniele Herring (D-Alexandria) carried the legislation leading to this amendment and disagrees with the opponents.

Herring says the language was crafted so that state agencies can continue to enforce and regulate doctors and clinics performing abortions.

"This constitutional amendment protects was already in place here in the Commonwealth of Virginia," Herring said. "Individuals are tired of their freedom being a political football, and having this constitutional amendment in place will basically protect every individual."

Opponents also say the amendment supersedes Virginia's law requiring parental consent for minors seeking an abortion in most cases, arguing the amendment's language makes no mention of age.

"That means the right is being given to your teenage daughter or granddaughter, and then it goes on to say basically nobody can get in the way," Cobb said.

Herring pushed back on that concern.

"This amendment does not has nothing to do with that part of the code. It does not directly address parental consent. So our parental consent law would still be on," Herring said.

The question is now in the hands of voters, marking the end of a years-long process to change Virginia's constitution. The amendment required multiple sessions of the General Assembly to approve, finishing with the current referendum.

Early voting is underway and runs until Oct. 31. Election Day is Nov. 3.

CBS 6's election guide covering the major races on the ballot is available here.

CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.