Virginia Pro-Life Legal Team Takes Abortions Up to Birth Amendment to Court

If pro-life people are anything they are resilient. The devastating election result on November 3rd  not only took out two of Virginia’s long serving and steadfast pro-life members of Congress, they also saw the proposed amendment to the Virginia constitution, deceptively called the Reproductive Freedom Act (or Ballot Question One], pass by a wide margin.

However, Virginians are rising to the challenge to fight back. There will be a case brought to the Tazewell Circuit Court on November 24, 2026, that may determine whether the vote on Election Day will stand.

One of the partners in Virginia’s pro-life coalition, Virginians for Safe Reproductive Policy, formed to defeat passage of the amendment, has taken the matter to court. The Founding Freedoms Law Center (FFLC), its legal arm, introduced a lawsuit last spring challenging the legitimacy of the Ballot Question—the summary of Question One—that was put to the Voters.

“The lawsuit alleges that the proposed amendment is procedurally defective and that the question posed to voters on the ballot is deceptive,” according to FFLC

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“FFLC is seeking a preliminary injunction to prevent the certification of the election results.” The lawsuit also seeks a permanent injunction barring enforcement of the amendment if it is approved.

In October the Tazewell Circuit Court denied the Commonwealth’s motions to prevent a hearing from going forward the week after the election. Now, the Court is set to hear arguments on all the legal issues on November 24.

 Background

 The Ballot language had been passed by the pro-abortion Democrat-controlled General Assembly in February 2026 and signed by pro-abortion Gov. Abigail Spanberger, over the objection of pro-life General Assembly members and pro-life organizations.

It became obvious to many over the course of the fall after early voting started in Virginia that the language was confusing. Some voters who admitted to pro-life supporters at public events that had they understood the long-term effect of the amendment, they would not have voted yes on Ballot 1.

Details

The complaint argues several points. They including that the language failed to communicate to voters how the actual amendment would (a) threaten Virginia’s current Parental Consent law, (b) allow non-doctors and unlicensed persons to perform abortions, and (c) remove all accountability for those who harm a woman in the process of abortion.

FFLC filed the suit on behalf of the Association of American Physicians and Surgeons (AAPS), a national association of physicians dedicated to patient-centered medicine; the Virginia Medical Freedom Alliance (VAMFA), a coalition of Virginia medical professionals advocating for informed consent and patient safety; and Meagan Kade, a Tazewell County resident and Bluefield Town Council member.

Plaintiffs and counsel issued the following statements in October at the hearing before the Tazewell court. Josh Hetzler, Executive Director and Chief Counsel, Founding Freedoms Law Center shared this perspective:

“If you are going to amend our Constitution, you must first follow the Constitution. The required process for Virginia’s abortion amendment simply was not followed, and the ballot question was clearly misleading. We are hopeful the courts will apply the law and overturn this amendment.”

Kade added

“We are not asking a court to take this question off the ballot. We are asking the court to do what only a court can do, declare that the ballot language as written is unconstitutional, and to permanently enjoin enforcement of the amendment if it passes. Proposed constitutional amendments must be explained to voters neutrally and accurately. The question Virginians will be handed in November fails that test.”

However this case proceeds this month, it is evidence that pro-life Virginians will not step away from the fray.  We know that our responsibility is to continue to be voices for the voiceless and the vulnerable as we move through this extraordinary moment in history.

Virginia Society for Human Life (VSHL) said it is hopeful that wisdom will prevail and is grateful to the efforts of the Founding Freedoms Law  Center. Olivia Gans Turner, President of VSHL, said

“Throughout this process there have been many pro-life organizations and Churches educating and urging for the public to reject what is essentially an unlimited abortion amendment, but as this case will highlight, the manipulation of the facts and the duplicitous language of the ballot question posed a monumental problem to overcome. In the end we believe that may have been the main reason that the Yes vote was successful.”