Virginia’s 2026 Constitutional Amendments: What Voters Need to Know

Editor's Note: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of Regent University, its faculty, administration, or affiliates.

CCTA offers a nonpartisan look at the proposed amendments and encourages Virginians to become informed before casting their ballots in November.

Virginia voters will face more than candidate choices when they head to the polls this fall. The November 3, 2026, general-election ballot will include three proposed amendments to the Virginia Constitution, addressing “reproductive freedom,” marriage, and voting rights.

For Regent University’s Center for Christian Thought & Action® (CCTA), examining significant issues through a biblical worldview includes encouraging thoughtful, informed civic participation. The Center’s stated mission is to offer “sharp analysis,” reasoned argument, and fact-based discussion of social and cultural questions while fostering winsome dialogue.

The following overview is intended to help Virginia voters understand what will appear on the ballot. CCTA does not endorse nor oppose any candidate, political party, or ballot measure.

Amendment 1: Reproductive Freedom

The first proposed amendment would add a new provision to the Virginia Constitution establishing a fundamental right to “reproductive freedom.” The amendment identifies decisions involving prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage management, and fertility care.

BALLOT QUESTION 1

Question: Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient’s health is at risk or the pregnancy cannot survive?

Under the proposed language, the right could not be denied, burdened, or infringed unless a compelling state interest were demonstrated through the least-restrictive means. The amendment also addresses regulation of abortion during the third trimester, while providing exceptions involving the pregnant individual’s health or a nonviable fetus.

Planned Parenthood’s website endorses the proposed amendment and says, “Join the movement to enshrine the right to abortion and reproductive healthcare in Virginia’s constitution.

Conversely, Virginia Family Foundation’s website says, “Vote no to zero-safety abortion on November 3rd.” The Family Foundation argues that the amendment could result in more late-term abortions up to the moment of birth, will significantly increase total abortions in Virginia, and eliminate the right of parents to know or consent to their young child’s abortion surgery. Furthermore, because the right to “fertility care” includes sterilization procedures, children will have a right to gender transitions without adult interference. Infants born alive after an abortion would not be guaranteed reasonable, life-saving care.

The measure has generated substantial public debate because placing these provisions in the state constitution could establish a legal framework that future legislatures would be required to navigate.

Amendment 2: Marriage

The second proposal would substantially revise Article I, Section 15-A of the Virginia Constitution, which currently states that marriage is limited to a union between one man and one woman.

BALLOT QUESTION 2

Question: Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

If approved, the amendment would remove that language and establish that marriage is a vital personal right. It would prohibit Virginia and its political subdivisions from denying a marriage license to two adults on the basis of sex, gender, or race and would require legally valid marriages between two adults to be recognized and treated equally under the law.

Although same-sex marriage is currently recognized in Virginia under federal constitutional law, the proposed amendment would change the language of Virginia’s own constitution.

Virginians for Marriage Equality is the committee leading the campaign in support of Question 2. A statement on their website said Question 2 would address the potential for the U.S. Supreme Court to overturn past decisions that could affect the legality of same-sex marriage in Virginia. It said, “The Marshall-Newman Amendment is still there, just waiting for federal law to change. And the Supreme Court has demonstrated a willingness to overturn longstanding precedent, like in the Dobbs decision. If the same thing happens with marriage equality, thousands of Virginians will lose hospital visitation rights, inheritance protections, the ability to make medical decisions for a spouse, and the security of knowing their family is recognized by their own state.”^[4]

Family Foundation argues that amending Virginia’s constitution would “enshrine gender ideology into our state constitution, threatening girls’ safety and sports, as well as basic religious liberties.”

Amendment 3: Voting Rights

The third proposal concerns the voting rights of Virginians convicted of felonies.

BALLOT QUESTION 3

Question: Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting?

Under the current Virginia Constitution, a person convicted of a felony is not eligible to vote unless civil rights have been restored. The proposed amendment would provide that a person convicted of a felony would not be entitled to vote while incarcerated for that conviction, but he or she would automatically regain political rights, including the right to vote, upon release from incarceration, without additional restoration action.

The amendment also would replace the Constitution’s existing reference to people who have been adjudicated “mentally incompetent” with a more specific standard. If passed, a person could be disqualified from voting only if a court determines the person lacks the capacity to understand the act of voting.

An Opportunity for Informed Citizenship

The stakes of constitutional amendments can extend well beyond a single election cycle. Unlike ordinary legislation, constitutional provisions establish foundational rules that can shape public policy and governmental authority for years to come.

For Christians, civic participation can be an opportunity to exercise both conviction and conscience. To understand what is actually being proposed and its implications, every voter should consider their choices carefully by consulting informed sources so they can participate respectfully and effectively in the governing process.

CCTA encourages Virginians (and every American) to be informed, think carefully, and vote according to biblical values. The Center’s role is not to tell voters how to vote, but to contribute to a better-informed public conversation, one characterized by biblical truth, reason, civility, and respect.

Virginia’s Department of Elections reports that early, in-person voting for the November 3 election begins September 18 and continues through October 31. Voters should consult official election resources for the exact questions appearing on their ballots and for registration, polling-place, and voting information.

In an increasingly divided culture, informed citizenship matters. So does the willingness to engage difficult questions with knowledge, humility, and grace. That is part of the challenge and the opportunity before Virginia voters in 2026.