What Virginia Democrats' proposed abortion rights constitutional amendment would do
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
Democrats in the General Assembly are poised to take their first step toward enshrining a right to abortion in the state constitution.
What's happening: When lawmakers convene next month, they'll consider a constitutional amendment establishing a "fundamental right to reproductive freedom."
Yes, but: There's ongoing debate about what it would actually do if passed.
Zoom in: As introduced by an array of prominent Democrats in the General Assembly, the text of the amendment would bar any laws limiting abortion.
- The one exception: Measures that seek to protect the person seeking care.
What they're saying: Democrats, who pursued the same amendment last year, have said the measure is intended to preserve the state's existing abortion law.
- "It's especially critical right now without federal protections in place," said Jamie Lockhart, the director of Planned Parenthood Advocates of Virginia.
The other side: Republicans argue the amendment would actually have the effect of removing all limits on abortion.
- Gov. Glenn Youngkin's PAC accused Democrats, many of whom campaigned on maintaining the status quo, of reneging on a core campaign promise.
Between the lines: Virginia current law restricts abortion during the third trimester of pregnancy to situations where multiple doctors agree a woman's life is at risk.
- Republicans argue that limit wouldn't withstand a legal challenge if the constitutional amendment passes.
Of note: A constitutional amendment passed in Ohio last month takes a narrower approach, allowing state restrictions after the point of fetal viability as long as the health of the mother is not in danger.
What's next: Lawmakers will debate the measure when they convene Jan. 10.
- Constitutional amendments do not need the governor's signature to be adopted, but would need to be passed during two distinct legislative sessions, with a House of Delegates election in between.
- At that point the text would go before a statewide referendum.