Virginia Democrats are proposing two radical amendments to the Virginia Constitution, HJ1/SJ247 and HJ9/SJ249. Here is what Virginians should know.
How the Amendment Process Works
In order to amend Virginia’s Constitution, the General Assembly must pass amendment language in two consecutive terms of the General Assembly (there must be an election between votes), and it must also pass before the voters on a general election ballot. These two amendments passed the first General Assembly session in 2025 and will be considered for a second time in the 2026 legislative session. If the General Assembly passes for a second time in 2026, the amendments will go before the voters on the November 2026 ballot.
Anti-Life, Anti-Woman Amendment
House Joint Resolution 1/Senate Joint Resolution 247, would amend the Virginia Constitution to allow for unrestricted abortion through the third trimester of pregnancy – repealing and preventing widely supported abortion regulations that enjoy broad support from the American people.
There is no right more fundamental than the right to life. More than 7 in 10 Americans support protections for life, and the vast majority of Americans reject abortion on demand throughout pregnancy.
If enacted, HJ1/SJ247 would:
Remove the basic rights of parents. Parents would no longer need to be informed or provide consent for their underage daughter to undergo an abortion or a so-called “sex-change” surgery.
Protect rapists, traffickers, and abusers. By protecting third parties who “aid” or “assist” abortions, it eliminates guardrails protecting underage women from being pressured or coerced to get an abortion.
Prevent reasonable health and safety standards. It would prevent basic health and safety standards for abortions.
Force taxpayers to fund abortions. Courts across the country have required taxpayer funding of abortions because of language like Virginia’s amendment.
Legalize painful, late-term abortions. A massive loophole would allow abortions when babies can feel pain, right up until the moment of birth. Allowing abortions when “medically indicated to protect the life or physical or mental health of the pregnant individual” would make it effectively impossible to enforce any protections at any time during a pregnancy.
Redefining Sex Amendment
House Joint Resolution 9/Senate Joint Resolution 249 would not only repeal Virginia’s constitutional amendment defining marriage as the union of one man and one woman, but it would also replace it with dangerous, precedent-setting language that distinguishes “sex” from “gender” in Virginia law for the first time. This would enshrine flawed legal standards that could be used to justify policies that threaten women’s safety and privacy.
By distinguishing “sex” from “gender,” if enacted, HJ9/SJ249 could make all women’s spaces to be accessible to men, including:
Women’s locker rooms
Women’s prisons
Women’s homeless shelters
Women’s sports teams
Virginians need to know what is at stake. These two potential constitutional amendments would be a disaster for the commonwealth, stripping parents of their rights, women of their safety, and the unborn of their lives. Virginians must