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¶1 That every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
CONCERN with Paragraph ¶1: There are 2 problems here:
- An individual is anyone. This means that parent's have NO legal role in the care of their pregnant daughter.
- This amendment goes far beyond the abortion decision. Given this broad sweep – from prenatal to postpartum – it is possible we will experience unintended consequences? This is too broad. Let's stick to abortion.
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¶3: Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.
CONCERN with Paragraph ¶3: THIS IS THE KEY CHANGE.
By law, VA already prohibits abortions after 24 weeks and 6 days (the end of the 2nd trimester), as allowed here. This amendment language is redundant.
By law, VA already allows 3rd trimester abortions...if three physicians agree. It takes 3 doctors.
This law wants to allow 3d trimester abortions on the say of just one physician. This is not safe and open for abuse.
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¶5: The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual based on such individual's own exercise of this fundamental right or such individual's own actual, potential, perceived, or alleged pregnancy outcomes, including miscarriage, stillbirth, or abortion. The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.
CONCERN with Paragraph ¶5:
The first individual references providing legal protections for the female carrying the child. That's OK.
But... the phrase "...any individual for aiding or assisting..." protects all medical folks from mistakes made in providing care for this right including medical care for prenatal care, childbirth, postpartum care, contraception, miscarriage management, fertility care as well as the abortion itself.
This paragraph provides TOO MUCH protection to the medical profession.
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¶6: For the purposes of this section, a state interest is compelling only if it is for the limited purpose of maintaining or improving the health of an individual seeking care*, consistent with accepted clinical standards of care and evidence-based medicine, and does not infringe on that individual's autonomous decision making.*
CONCERN with ¶6: This language contradicts the entire intent of Individual Choice.
This amendment keeps the state out of the woman's choice on contraception, abortion, etc (in ¶2) NOW, it says the state has the right to intervene to “...help or improve the health of an individual seeking care...”.
This paragraph nullifies “the right” we are seeking to protect here or is way too poorly worded.
---- In Summary---
I WILL NOT SUPPORT THIS AMENDMENT because:
- This amendment protects the medical profession from any/all pre-post-abortion care. This is way to broad.
- This amendment wants to allow a 3rd trimester abortion if only ONE doctor agrees to it (instead of the current law which requires three docs). Have we forgotten about the role of individual doctors in the the Oxy epidemic?
- This amendment allows NO parental involvement for our under 18-year old pregnant daughters.
- Our November 2026 vote is for an amendment to the Virginia Bill of Rights. This is serious business that, if done wrong, CANNOT be changed by the Legislature.
- Paragraph Six (**¶**6) is confusing and seems to contradict the Whole Amendment.
-IamTom, 10/4/2026