Voters in the US state of Virginia will have the final say on whether to protect abortion access in the state's constitution, following a decisive vote by lawmakers.
Amendment Clears Final Legislative Hurdle
The Virginia state senate voted on Friday to place a proposed constitutional amendment on the ballot for the November 2026 election. This move makes Virginia at least the third state set to vote on abortion access that year, following similar efforts in Missouri and Nevada.
The proposed amendment first gained approval from the state legislature in early 2025. However, Virginia law requires that constitutional amendments pass in two consecutive legislative sessions. The state house of delegates had already approved the measure earlier this week, clearing its path to the ballot.
Virginia's Role as an Abortion Access Hub
Since the US Supreme Court overturned Roe v Wade in 2022, Virginia has emerged as a vital sanctuary for abortion care, particularly for individuals travelling from southern states with strict bans. Data from the #WeCount research project reveals a significant surge in procedures performed within the state.
Before the fall of Roe, providers in Virginia performed fewer than 2,500 abortions per month. By June 2025, that monthly figure had risen to approximately 3,500, underscoring the state's increased importance in the national landscape.
Democratic control of both legislative chambers and the governor's mansion, following Abigail Spanberger's election victory in November, was pivotal in advancing the amendment. Spanberger's strong support for abortion rights was a central theme of her campaign.
National Landscape of Ballot Measures
The demise of federal abortion protections has triggered a wave of state-level ballot initiatives. In 2026, the battle will extend beyond Virginia:
- Missouri and Nevada are already confirmed to have abortion-related measures on their ballots.
- Activists are campaigning to secure similar measures in Idaho, Montana, Nebraska, and Oregon.
The nature of these measures varies. Proposals in Idaho and Oregon, like Virginia's, aim to protect abortion access. In contrast, measures in Nebraska and Montana seek to restrict or eliminate it.
The Missouri contest is anticipated to be especially contentious. In 2024, voters there passed a measure protecting abortion rights and overturning a near-total ban. Now, abortion opponents are pushing a new measure to reverse that decision and reinstate the ban, setting the stage for a major political clash.
If Virginia's amendment passes, the state constitution will formally recognise that "every individual has the fundamental right to reproductive freedom", including decisions on prenatal care. The amendment does allow for the state to regulate abortion access during the third trimester of pregnancy.
