Virginia passes resolution for abortion rights amendment

This vote was the first step in what must happen again next year. After that, it would be on the ballot in the 2026 election.

Virginia took the first step toward enshrining abortion rights in its state constitution this week as its House of Delegates passed a resolution for it.

After two consecutive state elections, a ballot initiative has to be passed as a resolution in the Virginia Senate and House of Delegates for it to appear before voters. The same thing will have to happen again next January, assuming Democrats win enough races in the 2025 elections before voters cast a ballot on it during the 2026 midterms.

Jamie Lockhart, executive director of Planned Parenthood Advocates of Virginia, spoke to me about what’s happened and what’s ahead.

“We feel good that once this gets to the ballot, Virginians will support it,” Lockhart said.

Political ambition could complicate the matter. Two state senators are running to be the next Lieutenant Governor. State Sen. Ghazala Hashmi is a Democrat who flipped a Republican district. State Sen. Aaron Rouse, who also won a close race in his district, is another Democrat seeking to win the nomination. A special election would determine their replacement in the state senate if either of them won the lieutenant governor spot.

The language of the ballot initiative provoked some controversy within Catholic circles because, while it permitted regulation in the third trimester, it reduced the number of medical opinions needed to allow it in certain situations from three to one doctor.

‘The language that is being proposed would put Virginia in line with other states,” Lockhart said. “Even Texas only requires one doctor to determine if a patient's life or health is at risk. And we know that Virginia's three-doctor law is outdated. It puts patients' health at risk, especially in areas of the state facing shortages of healthcare providers.”

Abortion is currently legal in the state, but Lockhart said it’s wise to be proactive in protecting abortion rights and to construct safeguards in the event something detrimental were to happen. Two special elections recently happened that put control of the government on the line. Democrats won both. Lockhart said that if they had lost, they could have pushed forth an abortion ban. ​​

“We are always one or two elections away from having similar bans or restrictions as we've seen in other states across the south,” Lockhart said. “And so we want durable protection, so this is not up for debate every single legislative session.”