How federal laws set the baseline for women’s health, safety, and access
Federal laws play a powerful role in shaping women’s rights in the United States. Even when enforcement and impact
2 min read
In early 2025, Virginia lawmakers approved the first step of a reproductive freedom constitutional amendment (SJ 247) designed to protect abortion, contraception, miscarriage care, and IVF. To become law, the amendment must clear the General Assembly again in 2026 and then go before the voters.
The recent state elections greatly improved the amendment’s path forward, but renewed efforts to impose a 15-week limit on abortion signal that the fight over reproductive rights remains unsettled.
Why It Matters
A constitutional amendment is the strongest protection a state can offer — and for many Virginians, it represents stability in a region where reproductive care access is rapidly shrinking. Without it, a future governor or legislative majority could restrict abortion to 15 weeks or less, limit medication access, or impose new barriers to care.
For women, especially those traveling from states with bans, the difference is simple: Statutory protections can change in one election cycle. Constitutional rights cannot.
Background
Virginia law currently allows abortion up to approximately 26 weeks, with care permitted later in pregnancy when multiple physicians certify that continuing the pregnancy would threaten the patient’s health or life. These protections exist in state statute, meaning they can be changed at any time by a new legislative majority and governor.
The proposed amendment would protect decisions related to abortion, contraception, pregnancy care, miscarriage management, and IVF, while still allowing the state to regulate abortion after fetal viability as long as those regulations do not endanger a patient’s health or life.
The amendment wouldn’t make abortion unlimited — it would mostly protect the system Virginia already has, while moving those protections into the state constitution so they can’t be easily changed.
Because constitutional amendments in Virginia must pass two consecutive legislative sessions separated by an election, the measure now advances to the 2026 General Assembly. If approved again, it will appear on the statewide ballot for voters to decide, likely in November.
Supporters frame the amendment as a safeguard against future attempts to restrict access, noting that proposals for a 15-week ban have resurfaced repeatedly over the past two years. Opponents argue the measure is too broad, citing its health exception after viability, though that standard mirrors constitutional protections adopted in other states.
Several states around Virginia have imposed strict limits or near-total bans, increasing demand for care in Virginia and raising the stakes of any change.
Resources
Virginia Mercury - Virginia moves to protect reproductive and voting rights, but the fight is far from over
The 19th - Democrats hold on to Virginia House, a win for the future of abortion and LGBTQ+ rights
Guttmacher Tracker - Interactive Map: US Abortion Policies and Access After Roe
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