A proposed constitutional amendment in Virginia would redefine when human life deserves legal protection, stripping due process rights from unborn children by declaring those protections apply only after birth.
The amendment targets Article I, Section 11 of the Virginia Constitution, the state’s due process guarantee that says no person shall be deprived of life, liberty, or property without due process of law. If passed, the change would mark the first time since Roe v. Wade that Virginia law takes a definitive stand on when life begins. The answer: not until the baby is outside the mother.
Supporters have poured $2.8 million into campaigns backing the measure, according to the Virginia Public Access Project. Opposition efforts have raised less than $500,000.
Polling from Christopher Newport University claims 66% of participants support or strongly support amending the constitution to guarantee reproductive rights. But that number may be as misleading as the ballot language itself.
When voters learn what opponents say are the amendment’s actual ramifications, the picture changes dramatically. Those consequences include abortion up to the moment of birth, a mental health standard for the mother, the need for only a single doctor’s approval along with the threat of sanctions if the procedure is denied, no parental permission for minors, and transgender protections without parental involvement. When confronted with these details, voter support “more than flips,” according to those tracking the issue.
This disconnect points to a troubling reality about how the State Board of Elections chose to word the ballot measure. Critics argue the government is effectively taking sides by using language that obscures the amendment’s full impact.
The amendment faces potential legal challenges regardless of the outcome. Josh Hetzler of the Founding Freedoms Law Center is already working on court proceedings to contest the measure.
The Virginia Constitution differs from the federal Constitution in one important way: its Bill of Rights isn’t tacked on as amendments but appears at the very beginning as Article I. That means the due process protections in Section 11 carry foundational weight in the state’s governing document.
Pro-life advocates argue that under current law, a viable pregnancy, one that could survive if born at that moment, could already be protected against the loss of life under Section 11. The amendment would close that door entirely.
Virginia voters will head to the polls starting September 18th. The stakes couldn’t be clearer for families who believe life begins before birth.
