Virginia voters approved a constitutional amendment safeguarding reproductive freedom on Tuesday, according to unofficial election results reported by The Virginian-Pilot. The Associated Press projected the measure had passed at 9:01 p.m. Tuesday, with 62 percent of voters backing the amendment and 38 percent opposing it as 129 of 133 localities reported their tallies.
The successful ballot initiative alters the state constitution to establish explicit protections for individuals seeking prenatal care, childbirth, postpartum services, contraception, miscarriage management, fertility procedures and abortion. The language also provides legal shields to keep patients, physicians and nurses from facing prosecution or penalties for those healthcare decisions.
Supporters gathered Tuesday night to celebrate the passage of the initiative, which makes it significantly more difficult for future General Assembly lawmakers to enact restrictions or bans on abortion care. Han Jones, campaign manager for the YES on 1 campaign, told The Virginian-Pilot that reproductive decisions would no longer be subject to partisan maneuvering, adding, “Virginians can feel proud that we are the first state in the south with constitutional protections for our reproductive freedoms.”
Changes to state medical rules
Prior to the vote, Virginia permitted abortions throughout the first and second trimesters of pregnancy, but state law imposed strict parameters on third-trimester care. Under the existing statute, a treating physician alongside two consulting doctors had to verify in writing that carrying a pregnancy to term would likely cause the patient's death or result in substantial and irremediable damage to mental or physical health.
The newly approved constitutional amendment modifies those third-trimester requirements. It permits state authorities to place restrictions on third-trimester care unless a patient's health is endangered or the pregnancy is deemed nonviable, and it reduces the required number of doctors signing off on the procedure from three physicians to one.
Broader ballot victories and legal battles
The abortion initiative was one of three constitutional measures approved across the commonwealth on Tuesday, The Virginian-Pilot reported. Voters supported an amendment to preserve same-sex marriage rights by a margin of 57 percent to 43 percent, while a separate ballot question restoring voting rights automatically to Virginians convicted of felonies upon their release from prison passed 55 percent to 45 percent.
The marriage question formally repeals a 2006 state ban that had remained dormant following a 2014 U.S. Supreme Court ruling, requiring equal recognition for valid marriages regardless of sex, gender or race. Narissa Rahaman, executive director of Equality Virginia, told The Virginian-Pilot that the result honored advocates who organized for years without knowing if protections would ever be realized. State Sen. Mamie Locke, who assisted in organizing the voting initiative, characterized the passage of the restoration measure as a major victory for democratic participation.
Despite the decisive vote totals, opponents of the reproductive health measure are attempting to prevent the outcome from being formalized. A legal challenge filed in Tazewell County Court seeks a preliminary injunction to halt certification of the election results, The Virginian-Pilot reported. The plaintiffs argue that the ballot question contained misleading phrasing and was improperly filed, pointing to actions taken by Gov. Abigail Spanberger to lift previous requirements for posting proposed amendments at local courthouses. A court hearing regarding the injunction is scheduled for Nov. 13.
