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HB 781

Constitutional amendment; fundamental right to reproductive freedom(submitting to qualified voters).

2026 Regular Session Introduced by Alex Askew and 20 co-sponsors

Virginia constitutional amendment establishing reproductive freedom as fundamental right advances to voter referendum after legislative passage, potentially overriding state abortion restrictions.

Governor's Action Deadline 11:59 p.m., February 11, 2026
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WeVote Research Nonpartisan
Bill Summary · HB 781

Legislative bill overview

HB 781 is a constitutional amendment that establishes reproductive freedom as a fundamental right in Virginia's state constitution. The amendment has passed both chambers of the legislature and been signed by legislative leadership, and now goes to Virginia voters for approval in a referendum. This would constitutionally protect abortion access and related reproductive decisions at the state level.

Why is this important

A successful referendum would prevent the Virginia legislature from restricting abortion through statute, creating a constitutional barrier similar to what existed nationally before the 2022 Dobbs decision. This is significant because Virginia currently has a 15-week abortion ban on the books, and constitutional protection would override such restrictions. The outcome directly affects reproductive healthcare access for Virginia residents and sets a precedent for state-level constitutional protections post-Dobbs.

Potential points of contention

  • Definition scope: The precise meaning of "reproductive freedom" in the amendment text—whether it covers only abortion or extends to contraception, fertility treatments, and pregnancy-related decisions—will influence real-world application
  • Gestational limits: The amendment does not specify whether any stage-of-pregnancy limitations are permissible, creating potential future litigation over what restrictions (if any) pass constitutional muster
  • Voter approval uncertainty: As a constitutional amendment requiring voter referendum, passage is not guaranteed and will depend on Virginia electorate composition and messaging during the campaign period

Compiled from official sources — confirm details with the bill’s official record.

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