Bill
SJ 247
Establishes a fundamental right to reproductive freedom in Virginia’s constitution, protected by strict scrutiny and constraining state laws that burden the right.
Status snapshot
- Bill: Senate Joint Resolution No. 247 (SJ 247) — proposes adding Section 11‑A to Article I (Bill of Rights) of the Virginia Constitution.
- Prefiled: Nov 25, 2024; Offered: Jan 8, 2025.
- First General Assembly action: Agreed to by the Senate (21‑Y, 19‑N) Jan 21, 2025; agreed to by the House (51‑Y, 46‑N) Feb 13, 2025. Reported and passed through Privileges & Elections committee. Enrolled Mar 7, 2025; recorded as Acts of Assembly, Chapter 603 (assigned Mar 24, 2025).
- Next steps: As a constitutional amendment under Article XII, Section 1, the proposal must be agreed to again by a majority of members elected to each house at a subsequent regular session (the session held after the next general election of House members) and then be submitted to Virginia voters for ratification. It is not part of the state constitution until after that second legislative concurrence and voter approval.
Purpose and intent
- To establish a fundamental right to “reproductive freedom” in the Virginia Constitution and to constrain state laws that deny, burden, or infringe that right except under narrowly defined circumstances tied to compelling state interests.
Key provisions (Section 11‑A)
- Establishes that “every individual has the fundamental right to reproductive freedom,” explicitly including decisions about: prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
- Sets the standard for state action: an individual’s reproductive right cannot be denied, burdened, or infringed unless justified by a compelling state interest and achieved by the least restrictive means.
- Third‑trimester regulation: the Commonwealth may regulate abortion care in the third trimester but may not prohibit an abortion when (i) a physician professionally judges it is medically indicated to protect the pregnant individual’s life or physical or mental health, or (ii) a physician professionally judges the fetus is not viable.
- Non‑discrimination: the Commonwealth cannot discriminate in protecting or enforcing this right.
- Protections against criminalization and adverse action: the Commonwealth shall not penalize, prosecute, or otherwise take adverse action against an individual for exercising this right or for their pregnancy outcomes (including miscarriage, stillbirth, or abortion), nor against persons who aid or assist another in exercising the right with that person’s voluntary consent.
- Narrow definition of “compelling state interest”: limited to maintaining or improving the health of the individual seeking care, consistent with accepted clinical standards of care and evidence‑based medicine, and not infringing on individual autonomy.
- Self‑executing clause and severability: the section is self‑executing; invalid provisions are severable.
Who would be affected
- Individuals (including pregnant persons) in Virginia seeking reproductive health care (contraception, prenatal/postpartum care, abortion, miscarriage management, fertility care).
- Health care providers and institutions who deliver reproductive services; their scope of practice and legal exposure could be protected or limited only as described.
- State and local governments, law enforcement, and courts — would need to interpret and apply the new constitutional standard when drafting, enforcing, or defending reproductive‑health laws and regulations.
- Third parties (family members, caregivers, facilitators) who assist individuals in accessing care (protected from adverse state action when assistance is voluntary).
Potential impacts and legal implications
- Would raise the constitutional protection for reproductive choices to the highest judicial standard (strict scrutiny: compelling interest + least restrictive means) and sharply limit the Commonwealth’s ability to enact or enforce laws that substantially burden reproductive decisions.
- Could invalidate existing or future statutory restrictions on reproductive care that cannot meet the narrow “compelling state interest” definition.
- Likely to prompt litigation clarifying scope (e.g., what constitutes “burden,” “least restrictive means,” applicability to providers and third parties, interplay with federal law).
- Because it is a constitutional amendment, its ultimate effect depends on successful second legislative concurrence and ratification by Virginia voters.
Compiled from official sources — confirm details with the bill’s official record.
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