VirginiaSJ12026 Regular SessionSenateWALLET

Constitutional amendment (second reference); fundamental right to reproductive freedom.

Sponsored By: Jennifer B. Boysko (Democratic)

Became Law

Summary

Constitutional amendment (second reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that such right shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest, as defined in the amendment, and achieved by the least restrictive means. The amendment specifies that, notwithstanding the other provisions of the amendment, 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.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

No punishment for reproductive choices or help

The Commonwealth cannot penalize or prosecute you for using your reproductive rights. This covers pregnancy outcomes like miscarriage, stillbirth, and abortion. People who help you, with your voluntary consent, cannot be punished. The state must protect and enforce these rights without discrimination.

Constitutional right to reproductive freedom

The Virginia Constitution protects your right to make reproductive health decisions. This includes prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage care, and fertility care. The government may limit this right only for a compelling state interest and by the least restrictive means. A compelling interest exists only to maintain or improve the health of the person seeking care, using accepted medical standards, without taking away that person’s decision-making.

Third-trimester abortion rules with safeguards

Virginia may regulate abortion care in the third trimester. It cannot ban an abortion that a physician judges is needed to protect the pregnant person’s life or physical or mental health. It also cannot ban an abortion when a physician judges the fetus is not viable.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 141 • No: 106

House vote 2/2/2026

Agreed to by House

Yes: 59 • No: 35

House vote 1/30/2026

Reported from Privileges and Elections

Yes: 15 • No: 7

Senate vote 1/16/2026

Agreed to by Senate

Yes: 21 • No: 18

Senate vote 1/15/2026

Senator Jordan, Emily M. Amendment rejected

Yes: 19 • No: 20

Senate vote 1/15/2026

Senator Durant, Tara A. Amendment rejected

Yes: 19 • No: 20

Senate vote 1/15/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/14/2026

Reported from Privileges and Elections

Yes: 8 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0977)

    4/13/2026Governor
  2. Assigned Chapter 977 (Effective 7/1/2026)

    4/13/2026House
  3. Signed by Speaker

    3/31/2026House
  4. Bill text as passed Senate and House (SJ1ER)

    3/30/2026Senate
  5. Signed by President

    3/30/2026Senate
  6. Agreed to by House (59-Y 35-N 0-A)

    2/2/2026House
  7. Taken up

    2/2/2026House
  8. Reported from Privileges and Elections (15-Y 7-N)

    1/30/2026House
  9. Referred to Committee on Privileges and Elections

    1/20/2026House
  10. Agreed to by Senate (21-Y 18-N 0-A)

    1/16/2026Senate
  11. Read third time

    1/16/2026Senate
  12. Floor offered

    1/15/2026Senate
  13. Floor offered

    1/15/2026Senate
  14. Senator Jordan, Emily M. Amendment rejected(19-Y 20-N 0-A)

    1/15/2026Senate
  15. Engrossed by Senate (Voice Vote)

    1/15/2026Senate
  16. Senator Durant, Tara A. Amendment rejected (19-Y 20-N 0-A)

    1/15/2026Senate
  17. Reading of amendment waived

    1/15/2026Senate
  18. Reading of amendment waived

    1/15/2026Senate
  19. Read second time

    1/15/2026Senate
  20. Read first time

    1/14/2026Senate
  21. Reported from Privileges and Elections (8-Y 6-N)

    1/14/2026Senate
  22. Referred to Committee on Privileges and Elections

    11/17/2025Senate
  23. Prefiled and ordered printed; Offered 01-14-2026 26100580D

    11/17/2025Senate

Bill Text

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