A Virginia abortion rights amendment lawsuit aims to remove a proposed constitutional measure from the 2026 ballot. The Liberty Counsel filed the complaint in Bedford County Circuit Court on behalf of supervisor Charla Bansley. The suit names state and local election officials and asks the court to stop printing 2026 ballots that include the amendment.
Claims Focus on Procedural Missteps
The complaint says officials failed to follow the required steps for a constitutional amendment. It alleges they did not distribute the proposal to clerks of every circuit court. It also says they did not post the proposal three months before the next intervening House of Delegates election. The filing argues these omissions violate the Virginia Code and the state constitution, so the amendment should not appear before voters.
Liberty Counsel Argues Ballot Inclusion Is Illegal
Liberty Counsel Founder Mat Staver said House Joint Resolution 1 cannot legally appear on the ballot. He argues the General Assembly moved it to a second legislative vote without the required notice and posting. He warned that any misstep could weaken the amendment process and affect the will of voters, because the rules exist to protect integrity.
Amendment Would Create Broad Reproductive Freedom Right
Lawmakers advanced the proposal in 2025 and completed the steps to place it on the November 2026 ballot in January. The measure would establish a “Fundamental Right to Reproductive Freedom.” It covers prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care. It would block burdens on that right unless the state proves a compelling interest using the least restrictive means.
Third-Trimester Language and Partisan Votes
The amendment allows third-trimester regulation, but it limits bans in key situations. It bars regulation when a physician finds abortion necessary to protect life or physical or mental health, or when the fetus is not viable. The votes were split by party lines, so Democrats carried the measure. The House approved it 64-34, and the Senate approved it 21-18.
Supporters call the Virginia abortion rights amendment lawsuit a bid to silence voters, and Sen. Jennifer Boysko labeled it frivolous.
Lawsuit seeks to remove abortion amendment from 2026 Virginia ballot
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