Lawsuit Challenges Virginia Abortion Amendment Ballot Language

A lawsuit filed in a county circuit court challenges the ballot language for a proposed Virginia constitutional amendment on reproductive decisions scheduled for November. The plaintiffs include the Association of American Physicians and Surgeons, the Virginia Medical Freedom Alliance, and a local councilwoman.

They argue the wording is misleading and request the court void the special-election results.

The measure would add language protecting decisions on prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care. It would also protect doctors, nurses, and patients from penalties for those decisions and allow third-trimester abortion limits except when the patient's health is at risk or the pregnancy cannot survive.

The amendment does not define the term "health" or specify who qualifies as an "individual" under its protections.

The same county circuit court earlier this year struck down a separate Democratic-backed amendment on congressional redistricting after finding procedural violations. The state Supreme Court upheld that ruling. Opponents of the reproductive amendment cite the redistricting decision as precedent for reviewing ballot language before the November vote.

An attorney and former state delegate stated the ballot question omits major changes the amendment would make. The president of the Virginia Society for Human Life said the wording presents abortion alongside routine medical care and leaves the scope of protections unclear.

The amendment passed both chambers of the legislature in consecutive sessions under Democratic majorities elected in 2025. Virginia law requires such passage before a constitutional amendment reaches the ballot.