Supporters of abortion rights in Virginia reached a significant milestone this week as a proposed constitutional amendment cleared the General Assembly. The measure narrowly passed both the Senate and House of Delegates, marking the first step in a politically challenging process.
The amendment would enshrine abortion rights in the state constitution, but its path forward remains uncertain.
“The process is a slow one,” said Stephen Farnsworth, a political science professor at the University of Mary Washington. “What you’ve seen so far is the first step.”
It’s expected to be a central issue in the upcoming November elections, when all 100 seats in the House of Delegates will be on the ballot.
“Public opinion on abortion demonstrates that Democrats have a bit of an advantage there,” Farnsworth said.
“In all likelihood, Democrats are going to want to emphasize that issue more than most.”
Democrats hold the slimmest of majorities in Richmond, controlling the Senate 21-19 and the House of Delegates 51-49.
That means if they were to lose even one House seat in November, the amendment likely would not have enough support to pass in the 2026 legislative session.
“Candidate recruitment is going to be really important,” Farnsworth said. “If you are looking to expand that majority or retain it, the sort of people you put on the ballot are going to be crucial.”
Abortion is a major issue in Virginia, which remains the only state in the South that has not put new restrictions on abortion since the Supreme Court overturned Roe v. Wade in 2022.
Since then, voters in several states, including neighboring Maryland, have approved constitutional amendments ensuring the right to abortion.
“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,” the Virginia amendment states.
“The Commonwealth shall not discriminate in the protection or enforcement of this fundamental right.”
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