Virginians enshrine abortion rights in state constitution

Trevor Metcalfe, The Virginian-Pilot on Nov 3, 2026

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NORFOLK, Va. — Virginians voted to enshrine abortion rights in the state constitution Tuesday evening.

Virginians voted in favor of a constitutional amendment protecting abortion rights 62%-38% with 127 of 133 localities reporting unofficial results. The Associated Press called the race at 9:01 p.m. EST.

Voters took to the polls Tuesday to vote on three ballot initiatives.

Abortion

The first question would enshrine abortion rights in the state constitution, making it harder for future state lawmakers to ban abortion in the state. The question reads:

Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) 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?

Currently, abortion is allowed in the first and second trimesters of pregnancy and in limited circumstances during the third trimester. For third-trimester abortions, a treating physician and two consulting physicians must attest continuing the pregnancy would likely result in the patient’s death or substantially and irremediably harm the patient’s mental or physical health.

The amendment would reduce the number of doctors required to sign off on a third-trimester abortion from three to one.

Same-sex marriage

The second question would enshrine same-sex marriage protections in the state constitution. Voters in the state adopted a ban on same-sex marriage in 2006, but that has gone unenforced since 2014 as a result of a decision by the U.S. Supreme Court. That question reads:

“Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?”

Voting rights restoration

The final ballot question would automatically restore the right to vote of Virginians convicted of a felony when released from incarceration. It reads:

Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting?

Legal challenges

The abortion and same-sex marriage questions could still face legal challenges after the election. Opponents of the abotion measure are challenging the question in Tazewell County Court, and a hearing is scheduled for Nov. 13. The case seeks a preliminary injunction to block the certification of the vote.

The lawsuit argues the ballot language was misleading and the amendment was not properly filed. Specifically, the suit argues a move by Gov. Abigail Spanberger removing requirements for posting constitutional amendment outside courthouses was illegal.

A similar argument is made by lawyers representing a Prince William County pastor in a recently-filed lawsuit against the same-sex marriage amendment.

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