Connect with us

State News

New Court Challenge Targets Virginia Abortion Amendment Ballot Language

Published

on

Tazewell County makes news once again — this time over a second lawsuit challenging a proposed constitutional amendment that would enshrine reproductive rights in Virginia.

Filed in Tazewell County Circuit Court, the suit claims the ballot language is misleading and echoes arguments in a previously filed case that challenged the legality of the amendment process.

Family Foundation president Victoria Cobb speaks alongside lawyers and plaintiffs in a case challenging Virginia’s pending ballot referendum to enshrine reproductive rights into the state’s constitution on April 30, 2026. (Photo by Charlotte Rene Woods/Virginia Mercury)

Bluefield town council member Meagan Kade and Chesterfield County child psychiatrist Sheila Furey are represented by the Founding Freedoms Law Center, the legal arm of the conservative advocacy group Family Foundation.

“The language voters will see when they walk into the voting booth in November is engineered to obscure what this amendment actually does,” Family Foundation President Victoria Cobb said when introducing the lawsuit Thursday morning.

Bedford County supervisor files suit challenging reproductive rights constitutional amendment

The plaintiffs argue the pending amendment would eliminate parental consent requirements for minors seeking abortions or surgical birth control procedures and pose safety risks by removing the current three-physician approval threshold for abortions later in pregnancy.

Those arguments mirror concerns that Furey and the Family Foundation have raised in public comments before legislative committees, as well as objections voiced by Republican lawmakers during each step of the amendment’s approval process so far.

Existing state code requires parental or guardian consent for surgeries on minors unless a minor successfully petitions a judge for approval.

Democrats, who advanced the constitutional amendment to the ballot later this year, say it would not override existing state law but instead more firmly protect access to abortion, contraception, and fertility treatment.

They have also pushed for years to eliminate the state’s three-physician requirement for certain later-in-pregnancy abortions, arguing that it can delay care for patients in rural areas facing life-threatening emergencies.

Alleging misleading representation in the ballot language, plaintiffs in the case reiterated that voters might not really know what they are voting for or against.

As a planned “no” vote, Kade said: “I could not stand by and allow my vote and the votes of many other Virginians to be effectively canceled out because the General Assembly has deliberately chosen to materially misrepresent the effects of the so-called reproductive freedom amendment.”

Ballot language: “Should the Constitution of Virginia be amended to protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; protect doctors, nurses, and patients from being punished for these decisions; and 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?”

Kade is the second local government official to challenge the amendment. Bedford County Supervisor Charla Bansley filed a lawsuit in March, represented by Liberty Counsel, alleging that Virginia House of Delegates Clerk Paul Nardo invalidated the amendment by failing to formally send a copy of its language to circuit court clerks across the state.

Lawsuit claims violation of constitutional amendment process, but new law may invalidate that charge

But a bill signed by Gov. Abigail Spanberger in February retroactively removed that requirement from state code.

“Courts do allow laws to take effect retroactively. They just sort of balance the damage done by retroactive laws,” Rich Meagher, a Randolph-Macon College political science professor, said when the previous suit dropped in March.

If upheld, the issue could affect all four constitutional amendments on the ballot this year. Aside from the reproductive rights amendment, there are referendums to restore voting rights for people with felony convictions who have served their time, same-sex marriage protections, and a controversial mid-decade redistricting effort in Virginia that passed last week. A challenge to it is currently being weighed by the Supreme Court of Virginia.

Josh Hetzler, legal counsel in the latest case, said he believes the Liberty Counsel’s argument is “valid.”

The issue surfaced earlier in the week when the high court heard oral arguments in the redistricting suit.

“One of the points was, ‘there’s a reason why we require strict compliance with the rules for constitutional amendments, because these bind future generations.’ There was also some talk that ‘maybe people don’t necessarily get their news from the courthouse,’” he said.

Hetzler said his case is primarily focused on what he described as the “deceptive language” of the ballot amendment. He said his clients hope the court could order a rewrite before early voting begins Sept. 18.

He and Cobb emphasized they are not trying to block the amendment from reaching voters, but believe the current wording is misleading.

Hetzler also suggested the decision to file the suit in Tazewell County was strategic. With Kade as plaintiff in the area — and the Town of Bluefield located in Tazewell County — he said the venue made the case possible.

Tazewell County has already been the source of legal challenges to the redistricting amendment, cases that have since been elevated to the Supreme Court of Virginia.

“It’s no secret that the Tazewell Circuit Court has become something of a subject matter expert on ballot measures,” Hetzler said. “They’ve had a lot of time to think about it. And so we felt that we should go there.”

 

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
43°
Sunny
6:12 am8:07 pm EDT
Feels like: 41°F
Wind: 3mph WNW
Humidity: 60%
Pressure: 30.06"Hg
UV index: 0
MonTueWed
77°F / 59°F
84°F / 63°F
72°F / 52°F
Obituaries17 hours ago

Alford “A.D.” Carter III (1950 – 2026)

Chamber News18 hours ago

Downtown Local Celebrates One-Year Anniversary with Community Support

Community Events18 hours ago

Free Comic Book Day Brings Crowds, Creativity to Main Street in Front Royal

Local Government21 hours ago

Front Royal Tax Increase Debate Deepens as Full Cost Picture Comes Into Focus

Local News23 hours ago

Royal Visit Inspires Push for Annual Heritage Festival in Front Royal

Interesting Things to Know1 day ago

Who Belongs in Your Inner Circle—and Who Doesn’t

Local News2 days ago

Front Royal Reflects on Royal Visit: How a Deleted Email Became a Historic Day

State News2 days ago

Spanberger Signs Rideshare Safety Bills Tightening Driver-Checks, In-App Protections

State News2 days ago

New Court Challenge Targets Virginia Abortion Amendment Ballot Language

State News2 days ago

Americans’ Air Conditioning Costs Expected to Rise Again This Summer

Obituaries2 days ago

Harvey Allen Snapp (1940 – 2026)

Community Events2 days ago

Community Celebration Returns: 11th Annual Family Fun Day on May 9

Business Growth Series2 days ago

Business Growth Series: The Hidden Cost of Not Being Visible

Historically Speaking2 days ago

Cases That Tie Gerrymandering to SPLC Silence American Voices

Interesting Things to Know2 days ago

The Cracked Pot That Grew a Garden

Crime/Court3 days ago

Road Rage Shooting Leads to Arrest, Multiple Felony Charges in Frederick County

Local News3 days ago

Front Royal Town Manager Reflects on ‘Historic’ Royal Visit

Regional News3 days ago

Suspect in Washington Press Dinner Attack to Remain Detained in D.C. Jail

Community Events3 days ago

King Charles III and Queen Camilla Visit Front Royal

Community Events3 days ago

Dinner, Drama, and a Deadly Twist: ‘Murder Me, Always’ Comes to Front Royal

Opinion3 days ago

These Times They Are a Changing

Interesting Things to Know3 days ago

Does a Celebrity Share Your May Birthday?

Local News3 days ago

YOVASO Summer Retreat at JMU Offers Teens Leadership and Safety Training

Local News3 days ago

Barlow Will Not Seek Office After Redistricting, Shifts Focus to Advocacy

Interesting Things to Know3 days ago

Perfection Paralysis: When the Pursuit of Perfect Stops Progress