Current Status - Summary

As of January 2025, Virginia presents a mixed but highly active landscape for women’s rights. Strong statutory protections in some areas—particularly around reproductive privacy, workplace accommodations for pregnant workers, and voting access—coexist with ongoing political battles that could reshape the state’s trajectory in 2026.

While many of these protections are not enshrined in the state constitution, institutional checks—including existing statutes, the courts, and a divided political landscape—have created a relatively stable environment that has so far prevented rapid rollbacks. Virginia remains a relative outlier in the South for reproductive rights and early voting access.

With control of the General Assembly in play, the 2026 elections could determine whether existing protections are strengthened and made more durable—or remain vulnerable to future shifts.

Top 5 Things to Know

• Multiple constitutional amendments protecting women’s rights are advancing.
  Proposed amendments addressing reproductive freedom, voting rights restoration, marriage equality, and redistricting advanced in January 2026 and are one step closer to appearing on the November ballot, pending final legislative approval.
• Abortion remains legal, but constitutional protection is not yet secured.
  Virginia continues to allow abortion past the first trimester, but long-term protection depends on whether voters approve a reproductive freedom amendment (for the second time) in November 2026.
• Workplace protections exist—but expansion efforts were blocked.
  Bills to expand paid family leave, raise wages, and strengthen worker safety passed the legislature in 2025 but were vetoed, leaving protections unchanged heading into 2026.
• Gun-safety reforms stalled again despite ongoing violence concerns.
  Red-flag laws remain in place, but broader firearm-safety measures tied to domestic violence did not survive the 2025 session.
• Education and transgender student policy remain flashpoints.
  State directives and local enforcement continue to shape access to sports, facilities, and school materials, with uneven implementation across districts.

Women's Health

Virginia stands out as one of the few Southern states where abortion remains legal past the first trimester and where lawmakers continue to pursue long-term constitutional protections. At the same time, the political environment remains volatile, with reproductive rights a defining issue of recent election cycles. And unlike states that have locked protections into their constitutions or adopted shield laws, Virginia still relies on statute rather than constitutional protection—leaving its reproductive rights landscape exposed to rapid change.

Reproductive Rights

• Abortion remains legal in Virginia up to roughly 26 weeks, with exceptions beyond that point for health or life.
• Lawmakers advanced a reproductive freedom constitutional amendment in 2025. In January 2026, the Virginia Senate again advanced the amendment, keeping it on track for a potential statewide vote in November if it passes the full legislature this session.
• Attempts to impose a 15-week abortion limit have repeatedly failed, but renewed calls followed the November 2025 elections.
• Virginia passed nation-leading reproductive and menstrual data privacy protections, blocking law enforcement and private companies from accessing certain health data without consent.
• The state has not adopted a full “shield law” to protect abortion providers in the state, but it does bar out-of-state entities from obtaining menstrual data, and it limits cooperation on certain data requests.

Healthcare Access

• Virginia maintains an expanded Medicaid program, with 12-month postpartum coverage and relatively stable maternal health benefits.
• Rural hospital and OBGYN service reductions continue to create uneven access, especially in the south and southwest parts of the state.
• Implementation of reproductive privacy laws is ongoing, and compliance questions have become a new focus in late 2025.

Workplace Rights

Virginia offers strong protections for pregnant workers but remains one of the only East Coast states without paid family leave or a minimum wage indexed to inflation.

• The Virginia Human Rights Act protects workers from discrimination based on pregnancy, childbirth, lactation, and related medical conditions.
• State law requires employers to provide reasonable accommodations—including light duty, schedule changes, pumping breaks, and seating—for pregnant and postpartum workers.
• A series of 2025 bills to expand paid family leave, raise the minimum wage, and strengthen worker safety passed the legislature. Still, the governor vetoed them, leaving protections unchanged heading into 2026.

Violence & Safety

Virginia’s legal framework for firearm removal and survivor safety is comparatively stronger than in some Southern states, but implementation remains inconsistent, and additional gun-safety reforms stalled again in 2025.

• Red-flag (“Substantial Risk Protection Order”) laws exist but remain underused, with wide disparities between counties.
• The 2025 General Assembly passed several gun-safety bills, including measures tied to domestic-violence firearm removal. The governor vetoed many of them.
• Survivors have access to civil protective orders and certain housing protections, including the ability to terminate leases early when fleeing violence.

Voting & Civic Participation

Virginia combines broad voting access with some of the strictest felony disenfranchisement rules in the nation. Recent lawsuits highlight new barriers affecting students, naturalized citizens, and voters whose records are tied to DMV data.

• Early voting is available for 45 days, and same-day registration is permitted via provisional ballot.
• A November 2025 lawsuit alleges widespread disenfranchisement of college students—especially at HBCUs—due to inconsistent address-verification practices.
• Virginia remains one of only three states with a constitutional lifetime ban on voting for people with felony convictions. Only the governor can restore those rights on a case-by-case review.
• In January, lawmakers advanced a constitutional amendment that would restore voting rights automatically upon release from incarceration, setting up a possible 2026 ballot measure.

Education

Virginia’s education landscape is defined by sharp policy conflicts over transgender student rights, book removals, and the interpretation of “sexually explicit” materials laws.

• An October 2025 directive ordered the Board of Health to draft statewide rules limiting transgender students’ participation in girls’ sports and access to facilities.
• A late-2025 review resurfaced findings of 220 book removals across Virginia since 2020, often due to school districts misapplying a 2022 law intended for classroom instruction rather than libraries.
• LGBTQ+ titles and stories about gender identity make up a disproportionate share of removed books.

Related WRDI Reporting

2026 Elections - Virginia (Dec 25)
Reproductive Freedom Amendment heads toward a 2026 vote in Virginia (Nov 25)
Transgender students targeted in new VA state directive (Nov 25)
New lawsuit says Virginia is disenfranchising college voters - especially at HBCUs (Nov 25)
Gun-safety law leaves gaps in Virginia’s safety landscape (Nov 25)
Why stories about girls and LGBTQ+ youth are disappearing from some Virginia schools (Oct 25)
Virginia expands privacy protections for reproductive and sexual health data (Oct 25)
Virginia is becoming a regional access point for abortion care (Sep 25)