Local Government
Del. Delores Oates Speaks Out as Virginia Democrats Advance Four Constitutional Amendments
On the first day of Virginia’s 2026 General Assembly session, House Democrats quickly advanced four proposed constitutional amendments, including one that would enshrine abortion rights in the state constitution. The fast-paced legislative action drew strong opposition from Republicans, including Delegate Delores Oates (R-Warren), who delivered an emotional and personal floor speech opposing House Joint Resolution 1 (HJ1).
The proposed amendments advanced were:
- HJ1: Establishing a constitutional right to reproductive freedom, including access to abortion.
- HJ2: Addressing the qualifications of voters.
- HJ3: Codifying the right to same-sex marriage.
- HJ4: Redistricting.
In her remarks, Del. Oates expressed concern about what she described as limited public input and rushed procedure. She took particular aim at HJ1, arguing the amendment is overly broad and lacks safeguards for viable unborn children.
“Mr. Speaker, I rise today with a heavy heart to speak on an issue that touches the deepest part of my soul — the sacred value of life,” Oates began. “I was a 16-year-old mom who chose life. My world is infinitely richer because of it. My son is my greatest blessing, a living testament to the miracle of human life.”
She warned that HJ1, if passed, would shift deeply personal decisions away from voters and elected legislators and into the hands of judges. “That’s a heartbreaking shift of power,” she said, “robbing us of our voice on the most profound of moral issues.”
Oates further claimed the amendment opens the door to abortions in the final stages of pregnancy. “It will allow the termination of a precious baby on its birthday,” she said, adding that the proposal “eliminates parents from the process” and “resolves nothing while inviting endless litigation.”
Currently, abortion remains legal in Virginia up to the third trimester, with restrictions applying thereafter. Supporters of HJ1 argue the amendment is necessary to protect reproductive rights at the state level following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade. They say it affirms existing law and ensures that Virginians — not federal courts — decide the future of abortion access.
Democratic lawmakers maintain that the amendment does not remove all medical regulations or safety standards. Instead, they say it protects individuals’ right to make private health care decisions without government interference.
Oates, however, called the amendment a “reckless” attempt to change Virginia’s Constitution without a clear need. “Abortion is legal today in Virginia,” she said. “No Republican rollback has passed. No restrictions enacted, no bans loom. It’s secure — until Democrats change it themselves.”
As the General Assembly session unfolds, HJ1 is expected to remain a point of intense debate. For any constitutional amendment to take effect in Virginia, it must pass both chambers in two consecutive sessions with an intervening House election, and then be approved by voters in a statewide referendum. If passed again in the next session, Virginians could vote on the amendment as early as 2027.
Del. Oates concluded her speech with a reflection on Virginia’s founding principles.
“This year we celebrate our 250th birthday,” she said. “Our founding principles enshrine the inalienable rights of life, liberty, and the pursuit of happiness. This amendment threatens the first of these — for the most defenseless among us.”
