Connect with us

State News

Virginia Moves to Protect Reproductive and Voting Rights, But the Fight Is Far From Over

Published

on

Virginia lawmakers took a major step this week toward enshrining reproductive rights, restoring voting rights for people with past felony convictions, and officially removing the state’s defunct ban on same-sex marriage from the state constitution. But while these measures have cleared the General Assembly, the fight is far from over.

Abortion rights signs seen during the Democratic Election Night Party in Richmond City, Va., November 7, 2023.

With no requirement for the governor’s approval, the resolutions must pass both chambers again next year before landing on statewide ballots for voters to decide.

Sen. Jennifer Boysko, D-Fairfax, speaking at a news conference with ReproRising Virginia Thursday, emphasized the power voters may soon have in shaping these constitutional changes.

“It’s going to be in our hands, then it’s going to be in your hands,” she said.

However, that opportunity hinges on Democrats maintaining control of the House of Delegates in the November election.

“If we don’t hold this majority, this is all lost,” Boysko warned.

While the voting rights and same-sex marriage amendments have drawn bipartisan support, the reproductive rights amendment has sparked fierce Republican opposition.

House Minority Leader Todd Gilbert, R-Shenandoah, voiced frustration on the House floor ahead of the vote, arguing that the proposal goes far beyond the protections of Roe v. Wade, the landmark U.S. Supreme Court decision from 1973 that established a constitutional right to abortion.

“This could have been an embodiment of Roe v. Wade and taken into account existing state law, but it does not. This will be judged eventually by the public,” Gilbert said. “This is abortion until birth with no restrictions.”

As Gilbert accused Democrats of advocating for infanticide, he echoed a claim that first gained traction when Democrats sought to reduce the three-phycisian approval threshold for later term abortions. The allegation, widely debunked by medical experts, was also a centerpiece of President Donald Trump’s rhetoric on the campaign trail last year.

Abortions at or after 21 weeks are rare, making up just 1% of cases nationwide. 

When they do occur, it’s often due to severe fetal anomalies that aren’t detected earlier through testing or because of life-threatening complications later in pregnancy.

Despite federal and state laws explicitly prohibiting infanticide, Gilbert and other opponents argue that the proposed constitutional amendment lacks adequate safeguards. They contend that the current language does not explicitly reinforce existing parental consent laws for minors or address medical requirements when an infant is born.

 

SSen. Tara Durant, R-Stafford, speaks in opposition of a constitutional amendment on Jan. 21, 2025. (Photo by Charlotte Rene Woods/ Virginia Mercury)

Del. Dolores Oates, R-Warren, grew emotional as she shared a personal story, recalling she sought guidance from her mother and grandmother when she she faced an unexpected pregnancy at the age of 16.

“This choice is real and the outcome is a person,” she said, noting that her son is now in his mid-40s.

But Del. Cia Price, D-Newport News, pushed back, emphasizing that the amendment does not alter the ability of parents to counsel their children.

“It does not change” parents’ abilities to confer with their children to seek an abortion, Price said.

State law already mandates parental consent for minors unless they obtain approval from a judge.

Under current Virginia law, adults can seek an abortion for any reason through the second trimester. After that, the procedure requires approval from three physicians, who must determine that continuing the pregnancy would  threaten the patient’s life or cause irreparable physical or mental harm.

While the amendment does not mirror existing law exactly, it would reduce the three-physician requirement to one and introduce a legal standard known as “compelling state interest” for any abortion restrictions. This principle, commonly referred to as strict scrutiny, was the legal foundation of Roe v. Wade before the Supreme Court overturned the decision in 2022.

Since the fall of Roe v. Wade, Republican-led legislatures across the country have enacted bans or severe restrictions on abortion, while other states — across the political spectrum —  have moved in the opposite direction, passing constitutional amendments to protect reproductive rights.

Defending Virginia’s proposed amendment, Price pointed to reports of pregnant individuals in states with strict abortions bans dying from pregnancy-related complications or being forced to travel out-of-state for care. She noted that clinics in Virginia have already seen an increase in such patients, while lawmakers this session are also working to address broader disparities in maternal healthcare.

“Virginia already has a maternal health crisis,” Price said.  “We cannot ignore real-life medical reality.”

If enshrined in Virginia’s constitution, abortion access and other reproductive rights would become far more resistant to legislative shifts, shielding from the kind of partisan turnover that has shaped abortion law in other states. But constitutional amendments are hard to undo — and equally hard to pass.

With the resolutions now clearing the legislature for the first time, the real test comes next year, when lawmakers will have to approve them again before voters get the final say at the ballot box.

 

by Charlotte Rene Woods, Virginia Mercury


Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.

Front Royal, VA
66°
Fair
6:35 am6:11 pm EDT
Feels like: 66°F
Wind: 7mph ESE
Humidity: 66%
Pressure: 29.97"Hg
UV index: 3
SunMonTue
68°F / 41°F
75°F / 46°F
82°F / 57°F
State News3 hours ago

Lawsuit Claims Violation of Constitutional Amendment Process, But New Law May Invalidate That Charge

State News3 hours ago

‘Unprecedented Times:’ Virginia Democrats Defend Redistricting Referendum as Early Voting Begins

Community Events3 hours ago

Petals & Pinkies Spring Tea Set for March 17 in Front Royal

Home7 hours ago

Is Your Home Ready for Flooding? Simple Steps Can Help Protect Your Property

Historically Speaking7 hours ago

Constitution 101: The Borrowing Clause

Obituaries7 hours ago

Donald Wayne Powell (1942 – 2026)

Opinion7 hours ago

Fairness Isn’t Just One Number

Food8 hours ago

Meatballs: A Comfort Food Loved Around the World

Local News8 hours ago

VDOT: Warren County Traffic Alert for March 9 – 16, 2026

State News23 hours ago

Spanberger Emphasizes Job Growth, Business Investment After New Jobs Report

Regional News1 day ago

House Panel Challenges Defense Official on Iran Military Strategy

Regional News1 day ago

Maryland Delegation in Congress Backs Effort to Regulate Energy Use by AI Companies

Opinion1 day ago

Virginia’s Congressional Map Is the Fairest in America – Democrats Want to Make It the Worst.

Community Events1 day ago

Art, Poetry and Big Questions Take Center Stage at Laurel Ridge Humanities Week

State News1 day ago

Virginia Pushes New Protections for Pregnant and Postpartum Women Behind Bars

State News1 day ago

Should High Schools Have Career Coaches? Virginia Lawmakers Say Not Yet

State News1 day ago

‘World Is Watching’: Climate Advocates Focus on Data Center Energy Use

Local Government1 day ago

Industrial Zoning Among Key Focal Points at Town Planning Commission Work Session

State News1 day ago

General Assembly Nixes Bills That Required Data Centers to Get SCC Certificate

State News1 day ago

After Past Vetoes, Bias Training Bill for Medical Licenses Could Become Law

State News1 day ago

Virginia Joins Multistate Lawsuit Challenging Trump Administration Over New Global Tariffs

Regional News1 day ago

Kristi Noem Out As DHS Secretary; Trump to Nominate Oklahoma Senator Mullin

Interesting Things to Know1 day ago

Five Tips to Make Spring Cleaning More Enjoyable

Automotive1 day ago

New ‘No Tax on Car Loan Interest’ Break Could Save Drivers Hundreds

State News2 days ago

Cline Launches Statewide Campaign to Oppose Redistricting Referendum