2026 Virginia Question 1
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November 3, 2026
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Question: Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient's health is at risk or the pregnancy cannot survive? |
| Elections in Virginia |
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Question 1 is a legislatively referred constitutional amendment on the November 2026 ballot in the state of Virginia. If passed, the state's constitution would be amended to provide that "every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care". However, it will allow the legislature to restrict abortion in the third trimester, so long as it is not necessary to protect the life or physical or mental health of the pregnant individual, or if the fetus is not viable.[1][2][3]
Background
[edit]After the United States Supreme Court's landmark decision in Dobbs v. Jackson Women's Health Organization, which ruled that abortion is not a protected constitutional right,[4] the Virginia General Assembly moved to amend Virginia's constitution to provide its citizens the right to reproductive freedom on February 13, 2025.[5]
Contents
[edit]On the ballot, the following will be shown to voters:[6]
Question: Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient's health is at risk or the pregnancy cannot survive?
If passed, the amendment would add Section 11-A to Article I of the Constitution of Virginia:[1]
Section 11-A. Fundamental right to reproductive freedom.
That every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.
The Commonwealth shall not discriminate in the protection or enforcement of this fundamental right.
The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual based on such individual's own exercise of this fundamental right or such individual's own actual, potential, perceived, or alleged pregnancy outcomes, including miscarriage, stillbirth, or abortion. The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.
For the purposes of this section, a state interest is compelling only if it is for the limited purpose of 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.
This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of the section.
Endorsements
[edit]- U.S. representatives
- Statewide officials
- Abigail Spanberger, governor of Virginia (2026–present) (Democratic)[7]
- Ghazala Hashmi, lieutenant governor of Virginia (2026–present) (Democratic)[8]
- Jay Jones, attorney general of Virginia (2026–present) (Democratic)[9]
- State legislators
- 62 state delegates[3]
- Lashrecse Aird, state senator from the 13th district (2024–present) (Democratic)[3]
- Jennifer Boysko, state senator from the 33rd district (2019–2024), 38th district (2024–present) (Democratic)[3]
- Barbara Favola, state senator from the 31st district (2012–2024), 40th district (2024–present) (Democratic)[3]
- Michael Jones, state senator from the 15th district (2026–present) (Democratic)[10]
- Scott Surovell, state senator from the 36th district (2016–2024), 34th district (2024–present) (Democratic)[3]
- Organizations
- ACLU Virginia[3]
- American College of Obstetricians and Gynecologists Virginia[3]
- Catholics for Choice[3]
- Fairness Project[3]
- Jews United for Justice[3]
- League of Women Voters[3]
- Metro DC Democratic Socialists of America[11]
- National Council of Jewish Women Virginia[3]
- National Latina Institute for Reproductive Justice[3]
- National Women's Political Caucus of Virginia[3]
- Planned Parenthood Virginia[12]
- Reproductive Freedom for All[3]
- Virginia National Organization for Women[3]
- Federal officials
- Todd Gilbert, former United States Attorney for the Western District of Virginia (2025) (Republican)[3]
- State legislators
- Tara Durant, state senator from the 27th district (2024–present) (Republican)[3]
- Ryan McDougle, state senator from the 4th district (2006–2024), 26th district (2024–present) (Republican)[3]
- Mark Peake, state senator from the 22nd district (2017–2024), 8th district (2024–present) (Republican)[3]
- Tim Anderson, former state delegate from the 83rd district (2022–2023) (Republican)[3]
- Delores Riley Oates, state delegate from the 31st district (2023–present) (Republican)[3]
- Michael Webert, state delegate from the 18th district (2012–2024), 61st district (2024–present) (Republican)[3]
- Individuals
- John Reid, talk radio host and nominee for lieutenant governor in 2025 (Republican)[13]
- Organizations
Polling
[edit]| Poll source | Date(s) administered |
Sample size[a] |
Margin of error |
Phrasing | Support | Oppose | Undecided |
|---|---|---|---|---|---|---|---|
| Virginia Commonwealth University[16] | December 18, 2024 – January 15, 2025 | 806 (A) | ± 4.73% | "This past November, the Virginia House of Delegates advanced a joint resolution seeking to place abortion rights in the Virginia State Constitution. Do you agree or disagree with this resolution?" | 62% | 30% | 9% |
| The Wason Center[17] | January 6–13, 2025 | 806 (RV) | ± 3.60% | "Would you support or oppose amending Virginia's constitution to guarantee reproductive rights, such as access to contraception and abortion?" | 61% | 32% | 8% |
Results
[edit]| Choice | |
|---|---|
| For | |
| Against | |
| Total |
Notes
[edit]- ↑ Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear
References
[edit]- 1 2 "HOUSE JOINT RESOLUTION NO. 1" (PDF). January 17, 2026. Retrieved January 18, 2026.
- ↑ Sherman, Carter (January 16, 2026). "Virginia voters to decide on amendment to protect abortion rights". The Guardian. Retrieved January 18, 2026.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "Virginia Right to Reproductive Freedom Amendment (2026)". Ballotpedia. Retrieved August 3, 2026.
- ↑ "Dobbs v. Jackson Women's Health Organization". Oyez. Retrieved March 9, 2026.
- ↑ "In a historic vote, constitutional amendment to protect reproductive freedom passes the General Assembly". ACLU of Virginia. Retrieved March 9, 2026.
- ↑ "Proposed Constitutional Amendment, Question 1". Virginia Department of Elections. Retrieved August 26, 2026.
- ↑ Barrow, Bill (October 20, 2025). "Republican Winsome Earle-Sears and Democrat Abigail Spanberger spar over abortion in Virginia". PBS News.
Spanberger, a former congresswoman, supports a proposed state constitutional amendment that'll reach voters only if Democrats maintain their House of Delegates majority.
- ↑ "Ghazala Hashmi speaks out: 'I'm so thankful my doctor could save my life'". The Virginia Independent. August 27, 2025. Retrieved January 19, 2026.
- ↑ "Jay Jones promises to protect reproductive rights if elected Virginia's attorney general". The Virginia Independent. September 3, 2025. Retrieved January 19, 2026.
- ↑ Kutner, Brad (December 8, 2025). "Candidates in Virginia Senate special election target redistricting, constitutional amendments and affordability". WVTF. Retrieved January 19, 2026.
- ↑ "July 17, 2026". Metro DC Democratic Socialists of America. Retrieved August 3, 2026.
- ↑ "Take Action". Planned Parenthood Action. Retrieved January 19, 2026.
- ↑ Woods, Charlotte Rene (June 18, 2025). "John Reid would vote 'no, no, no' on in-progress constitutional amendments • Virginia Mercury". Virginia Mercury. Retrieved January 19, 2026.
- ↑ Rene Woods, Charlotte (June 24, 2025). "Anti-abortion group targets Democrats to stop Virginia's reproductive rights constitutional amendment". WHRO Public Media. Retrieved March 9, 2026.
- 1 2 Khalil, Jahd (July 27, 2026). "Committees lay groundwork to campaign on constitutional amendments". VPM. Retrieved August 3, 2026.
- ↑ "Wilder Poll Winter 2024". Virginia Commonwealth University on Drive. Retrieved January 19, 2026.
- ↑ "Spanberger holds a 5-point lead over Winsome Earle-Sears in Virginia Governor's Race with 16% undecided". Christopher Newport University. October 6, 2025. Retrieved January 19, 2026.