Senate approves constitutional amendment to enshrine reproductive freedom; measure heads to voters

The Virginia Senate on Jan. 21, 2025, approved Senate Joint Resolution 247, a proposed constitutional amendment that would enshrine a right to reproductive freedom in the Virginia Constitution and place the question before voters. The resolution passed on a recorded vote, 21-19.

Supporters said the amendment is intended to restore and preserve access to a range of reproductive-health services after the U.S. Supreme Court’s Dobbs decision. Senator Gail Boiskell, the senator from Northern Fairfax, said in floor remarks that the amendment would “protect the right to abortion, birth control, miscarriage treatment, IVF, and the full scope of reproductive health care in Virginia,” and argued those rights should not be subject to changing majorities in the legislature.

Advocates framed the amendment as a safeguard for doctors and patients. Boiskell told colleagues the measure would “keep the patient, not politicians, in charge of their own health care decisions,” and said it would prevent criminalization of clinicians who treat life-threatening pregnancy complications.

Opponents cited parental rights and limits on state authority as central concerns and urged changes to the text. Senator John Durant, the senator from Stafford, warned the chamber that the amendment, as drafted, would override existing parental-consent statutes: “This is enshrined in the very fabric of who we are as parents,” he said, arguing the Constitution was not the right place to remove parental protections.

Other critics questioned language they said could permit late-term procedures without statutory guardrails and noted the amendment’s placement in the constitution would supersede state code. Senator William Sifers of Prince Edward, a vocal opponent, said the amendment “is an ill conceived, destructive policy” and announced he would vote against it.

Supporters said the ultimate check on the amendment will be voters: if the General Assembly approves the resolution a second time during the 2026 session, it will go to a public ballot refer endum. Boiskell and other backers pointed to the referendum step as the final arbiter of public will.

The vote followed several hours of debate, multiple floor amendments considered earlier in the day, and procedural appeals unrelated to the substance of the amendment. The Senate’s approval of SJ 247 is the first legislative step in the multi-year constitutional amendment process; the proposal must receive a second legislative approval in the next General Assembly session before reaching voters.

Supporters and opponents alike said they expected the matter to be decided ultimately by Virginia voters in a statewide referendum later in the process.