Virginia House of Delegates Passes Constitutional Amendment Guaranteeing "the fundamental right to reproductive freedom"

A few minutes ago, the Virginia House of Delegates passed – on a party-line vote, not surprisingly – HJ1, a constitutional amendment which “Provides that every individual has the fundamental right to reproductive freedom and that the right to make and effectuate one’s own decisions about all matters related to one’s pregnancy cannot be denied, burdened, or otherwise infringed upon by the Commonwealth, unless justified by a compelling state interest and achieved by the least restrictive means.” Note that Gov. Glenn Youngkin has no role in the amendment process, which means that it’s up to the General Assembly and, ultimately, voters (to decide in November 2026, assuming that HJ1 passes this year and again next year).

As for the arguments by Democrats and Republicans today, there wasn’t really anything surprising, although it was quite refreshing to listen to Del. Candi Mundon-King call out House Republicans for their hypoocrisy, extremism and ignorance on this issue. Of course, far-right-extremist delegates like Nick Freitas talked about the rarest, most unusual cases, in the most gruesome manner possible, despite the fact that they *know* the VAST majority of abortions occur in the first trimester, with late-term abortions both very rare and also being carried out only in cases of severe fetal abnormalities, serious risks to the life/health of the mother, etc.

In the end, of course, the arguments made on the House of Delegates floor weren’t ever going to persuade anyone to change their minds on this issue. Also, note that polling shows “71% support abortion in all or most cases” in Virginia. And, importantly, when amendments like the one being proposed in Virginia are put in front of voters, they almost always win, often by wide margins, including in “red” states like Kansas. So assuming that HJ1 is put before the voters in November 2026, it’s highly likely to pass (House Republicans must know that, which is why they don’t want the amendment to be put before voters!).

P.S. See below for a statement by likely 2025 Virginia gubernatorial nominee Abigail Spanberger, who says: “Virginians deserve the certainty of knowing that their rights are protected in the Virginia Constitution. Our Commonwealth needs to be a place where Virginians’ right to choose, right to privacy, right to access IVF, and right to contraception are guaranteed.”



https://bluevirginia.us/2025/01/133427