Lawsuit seeks to halt Virginia's 'extreme' pro-abortion amendment

Liberty Counsel has filed a lawsuit in an effort to halt a Virginia referendum slated to go before voters in November seeking to enshrine abortion as a constitutional "right." The lawsuit alleges that state election officials failed to follow proper protocol when advancing the referendum, thereby making its approval "void."

Key Takeaways:

• Liberty Counsel has filed suit claiming that the advancement of an amendment to enshrine abortion as a constitutional 'right' did not follow the proper procedures per Virginia law.

• The lawsuit maintains that since protocols were not followed, the 2026 General Assembly session approval of the amendment is “void” and “wholly ineffective."

• The amendment is scheduled to go before Virginia voters this November.

The Details:

A Liberty Counsel news release indicates the firm filed suit on March 4 in the Circuit Court of Bedford County, Virginia.

The law firm is representing Charla Bansley, District 3 Supervisor for the Bedford County Board of Supervisors, who maintains that the proposed amendment was not properly sent to the three circuit courts of Bedford County, Campbell County, and the City of Lynchburg.

Per state law, those courts were supposed to receive the amendment for public posting and inspection before the 2025 House of Delegates election.

Since the required notice and posting did not happen, the lawsuit maintains the 2026 General Assembly session approval of the amendment is “void” and “wholly ineffective."

As Liberty Counsel’s Founder and Chairman Mat Staver explained:

"Virginia’s House Joint Resolution 1 cannot legally appear on the ballot. This measure is invalid because the General Assembly advanced it to a second legislative vote without completing the constitutionally mandated notice and posting requirements that must occur after its first passage.

The Constitution of Virginia requires strict, step by step compliance with the amendment process so that voters receive proper notice and can evaluate proposed changes to their governing charter before a consequential election. These procedures exist to protect the people’s right to transparent, orderly constitutional change, and any misstep undermines the integrity of the amendment process and can interfere with the will of the voters.”

Zoom In:

The "Right to Reproductive Freedom Amendment" would establish the "right to reproductive freedom," which is defined as "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.”

Virginia Governor Abigail Spanberger signed legislation on February 6 to put the constitutional amendment before the state's voters in November.

"Women in Virginia deserve the freedom to make their own reproductive healthcare decisions without politicians dictating their choices," Spanberger claimed during a signing ceremony.

The state's Catholic bishops have called the measure an "extreme amendment" and warned that it could remove all of the state's preborn protections, including parental notification laws.

The Bottom Line:

Despite what abortion advocates — and lawmakers — say, there is never a 'right' to kill an innocent child in the womb.