Virginia voters on Tuesday passed an amendment to enshrine abortion rights into their state constitution, loosening the restrictions on physicians performing third-trimester abortions in the commonwealth.
Amendment 1, which will establish a “fundamental right to reproductive freedom,” passed by a vote of 60.7% to 39.3% when the Associated Press called the race at 9:01 p.m., with about 63% of the ballots counted.
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Virginia is already the most permissive state for abortions in the southeastern United States, currently allowing abortions up to 28 weeks of pregnancy, which is the start of the third trimester.
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Critics of Amendment 1 highlighted that the measure would make obtaining an abortion later in pregnancy significantly easier.
Under current law, third-trimester abortions must be approved by two additional consulting physicians, who must attest that continuing the pregnancy “is likely to result in the death of the woman or substantially and irredeemably impair the mental or physical health of the woman.”
The language of the amendment, however, specifies that a third-trimester abortion only requires “the professional judgement of a physician” and can be performed “to protect the life or physical or mental health of the pregnant individual.”
Opponents of the amendment also argue the amendment’s sweeping reproductive freedom language will lead to litigation overturning medical safety laws governing abortion procedures, such as requiring facilities to have lifesaving support for the mother and the fetus should it be born alive.
Despite the victory for abortion rights, opponents will have another opportunity to block it in court. A Nov. 13 hearing is scheduled on a request for a preliminary injunction to prevent certification of the referendum results, according to the Virginia Mercury.
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According to the pro-abortion Guttmacher Institute, there were nearly 40,000 abortions in Virginia in 2025, with roughly 8,400 of those being performed on out-of-state residents.
Abortions later in pregnancy, after the 21-week mark, make up about 1% of the 1.1 million abortions in the U.S. each year.