2026 Virginia Question 1

2026 Virginia Question 1
November 3, 2026
Question: 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?
Reporting
96.2%
as of 10:35 a.m. EST
OutcomePassed
Results
Choice
 Votes %
Yes 2,182,174 62.37%
No 1,316,529 37.63%
County and independent city results

Question 1 is a legislatively referred constitutional amendment on the November 2026 ballot in the state of Virginia. The measure amended the state's constitution to provide that "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". However, it allowed the legislature to restrict abortion in the third trimester, so long as it is not necessary to protect the life or physical or mental health of the pregnant individual, or if the fetus is not viable.

Background

After the United States Supreme Court's landmark decision in Dobbs v. Jackson Women's Health Organization, which ruled that abortion is not a protected constitutional right, the Virginia General Assembly moved to amend Virginia's constitution to provide its citizens the right to reproductive freedom on February 13, 2025.

Contents

On the ballot, the following will be shown to voters:

Question: 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?

If passed, the amendment would add Section 11-A to Article I of the Constitution of Virginia:

Section 11-A. Fundamental right to reproductive freedom.

That 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.

An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.

Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.

The Commonwealth shall not discriminate in the protection or enforcement of this fundamental right.

The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual based on such individual's own exercise of this fundamental right or such individual's own actual, potential, perceived, or alleged pregnancy outcomes, including miscarriage, stillbirth, or abortion. The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.

For the purposes of this section, a state interest is compelling only if it is for the limited purpose of maintaining or improving the health of an individual seeking care, consistent with accepted clinical standards of care and evidence-based medicine, and does not infringe on that individual's autonomous decision making.

This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of the section.

Endorsements

Yes
U.S. senators
U.S. representatives
Statewide officials
State legislators
  • 59 state delegates
  • 5 state senators
Labor unions
  • SEIU Virginia State Council
Organizations
Political parties

Polling

Poll source Date(s)
administered		 Sample
size		 Margin
of error		 Phrasing Support Oppose Undecided
Virginia Commonwealth University December 18, 2024 – January 15, 2025 806 (A) ± 4.73% "This past November, the Virginia House of Delegates advanced a joint resolution seeking to place abortion rights in the Virginia State Constitution. Do you agree or disagree with this resolution?" 62% 30% 9%
The Wason Center January 6–13, 2025 806 (RV) ± 3.60% "Would you support or oppose amending Virginia's constitution to guarantee reproductive rights, such as access to contraception and abortion?" 61% 32% 8%

Results

Right to Reproductive Freedom Amendment results
Choice
For
Against
Total

Notes

  1. ↑
  2. ↑
  3. ↑
  4. ↑
  5. ↑ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear

References

  1. ↑ "Virginia Ballot Measures Results 2026". NBC News. Retrieved November 4, 2026.
  2. 1 2 "HOUSE JOINT RESOLUTION NO. 1" (PDF). January 17, 2026. Retrieved January 18, 2026.
  3. ↑ Sherman, Carter (January 16, 2026). "Virginia voters to decide on amendment to protect abortion rights". The Guardian. Retrieved January 18, 2026.
  4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 "Virginia Right to Reproductive Freedom Amendment (2026)". Ballotpedia. Retrieved August 3, 2026.
  5. ↑ "Dobbs v. Jackson Women's Health Organization". Oyez. Retrieved March 9, 2026.
  6. ↑ "In a historic vote, constitutional amendment to protect reproductive freedom passes the General Assembly". ACLU of Virginia. Retrieved March 9, 2026.
  7. ↑ "Proposed Constitutional Amendment, Question 1". Virginia Department of Elections. Retrieved August 26, 2026.
  8. ↑ "Ghazala Hashmi speaks out: 'I'm so thankful my doctor could save my life'". The Virginia Independent. August 27, 2025. Retrieved January 19, 2026.
  9. ↑ "Jay Jones promises to protect reproductive rights if elected Virginia's attorney general". The Virginia Independent. September 3, 2025. Retrieved January 19, 2026.
  10. ↑ Barrow, Bill (October 20, 2025). "Republican Winsome Earle-Sears and Democrat Abigail Spanberger spar over abortion in Virginia". PBS News. Spanberger, a former congresswoman, supports a proposed state constitutional amendment that'll reach voters only if Democrats maintain their House of Delegates majority.
  11. ↑ Kutner, Brad (December 8, 2025). "Candidates in Virginia Senate special election target redistricting, constitutional amendments and affordability". WVTF. Retrieved January 19, 2026.
  12. ↑ "The Democratic Socialists of America endorses 131 candidates and takes sides on 33 ballot measures in the Nov. 3 elections". Ballotpedia. October 26, 2026. Retrieved November 3, 2026.
  13. ↑ "July 17, 2026". Metro DC Democratic Socialists of America. Retrieved August 3, 2026.
  14. ↑ "Take Action". Planned Parenthood Action. Retrieved January 19, 2026.
  15. ↑ Roach, Janet (September 28, 2026). "Over 300 Virginia doctors endorse state constitutional amendment protecting reproductive healthcare". 13 News Now. Retrieved November 3, 2026. Former Lieutenant Governor Winsome Earle-Sears has taken to the "Life and Marriage Tour" campaign for a "No" vote.
  16. ↑ Earley, Mark (September 30, 2026). "Why Virginia voters should reject Amendment 1 on abortion | Guest column". Richmond Times-Dispatch. Retrieved November 3, 2026.
  17. ↑ McCool, Mike (January 16, 2026). "Del. Delores Oates Speaks Out as Virginia Democrats Advance Four Constitutional Amendments". Royal Examiner. Retrieved November 3, 2026.
  18. ↑ Slaughter, Brittany (January 22, 2025). "Virginia's reproductive rights amendment prompts mixed reactions from advocacy groups". WSET. Retrieved November 3, 2026.
  19. ↑ Woods, Charlotte Rene (June 18, 2025). "John Reid would vote 'no, no, no' on in-progress constitutional amendments". Virginia Mercury. Retrieved January 19, 2026.
  20. ↑ "Statement of Bishop Michael F. Burbidge Instructing Catholics to Vote 'No' on Virginia Ballot Questions 1 and 2". Catholic Diocese of Arlington. September 12, 2026.
  21. ↑ "This Election Season is Different: A Letter from the Virginia Bishops". Catholic Diocese of Richmond. August 24, 2026.
  22. ↑ Woods, Charlotte Rene (October 9, 2026). "Constitutional: The amendment that could permanently protect reproductive rights in Virginia". Virginia Mercury. Retrieved November 3, 2026.
  23. ↑ DeLaura, Amy (October 22, 2026). "Virginia abortion amendment faces legal challenge, even if voters approve it". Washington Examiner. Retrieved November 3, 2026.
  24. ↑ Rene Woods, Charlotte (June 24, 2025). "Anti-abortion group targets Democrats to stop Virginia's reproductive rights constitutional amendment". WHRO Public Media. Retrieved March 9, 2026.
  25. 1 2 Khalil, Jahd (July 27, 2026). "Committees lay groundwork to campaign on constitutional amendments". VPM. Retrieved August 3, 2026.
  26. ↑ "Wilder Poll Winter 2024". Virginia Commonwealth University on Drive. Retrieved January 19, 2026.
  27. ↑ "Spanberger holds a 5-point lead over Winsome Earle-Sears in Virginia Governor's Race with 16% undecided". Christopher Newport University. October 6, 2025. Retrieved January 19, 2026.