‘Radical’ abortion amendment passes Virginia General Assembly despite pro-life advocacy

Jan 31, 2026 - 04:00
‘Radical’ abortion amendment passes Virginia General Assembly despite pro-life advocacy

RICHMOND, Va. (OSV News) — The Virginia General Assembly has sent a sweeping amendment enshrining a “fundamental right” to abortion in the Constitution of Virginia to a statewide referendum on the November ballot.

If the voters approve the amendment, it will establish virtually unlimited abortion at any stage of pregnancy as a “fundamental right” in Virginia’s constitution.

Virginia Pro-Life Day

The amendment passed the General Assembly Jan. 16 despite the best efforts of the bishops and more than 600 pro-life advocates who met with legislators a day earlier, on Virginia Pro-Life Day.

Two proposed changes to the amendment were voted down: first, a proposal to keep the current parental consent law enforceable; second, a “born-alive” protection that would guarantee the right to medical care for a child born despite an attempted abortion.

The parental consent law currently upholds parental rights in decision-making for minors under 18 on a variety of issues, including abortion, though there is a judicial override on abortion.

‘Shocking to the conscience’

Richmond Bishop Barry C. Knestout joined Arlington Bishop Michael F. Burbidge in calling the amendment “radical,” “extreme” and “shocking to the conscience” in a Jan. 16 statement.

“We will be deeply engaged in the work of helping to educate voters on these proposed amendments, and we will fight the extreme abortion amendment with maximum determination,” said the bishops.

The state Legislature first approved the proposed amendment in early 2025, but by Virginia law, the proposal must pass in two consecutive state legislatures. The House of Delegates approved the 2026 version of the amendment Jan. 14.

‘Will be most extreme in nation’

“It will be the most extreme abortion amendment in the nation. This prevents the state from regulating abortion in any way, shape or form, all the way down to inspecting clinics for basic safety standards,” said state Sen. Glen Sturtevant, a Republican, who belongs to St. Edward the Confessor Parish in Richmond.

The amendment goes far beyond even what Roe v. Wade previously allowed and provides no protections whatsoever for preborn children. It does not include any age restriction or safety standards. Besides severely jeopardizing the parental consent law, it will also impact conscience protections for health care providers.

“This amendment was drafted by very smart lawyers to look innocuous and friendly, so that people will say, ‘Oh, that’s nice. Reproductive freedom — who could be against that?'” said Sturtevant. “In practice, this amendment is going to allow a human trafficker, or an adult that gets a minor pregnant, to bring that young person to this state for an abortion. This amendment would protect that person from prosecution.”

Vote along party lines

The 21-18 vote along party lines was widely anticipated, and during Mass at the Pro-Cathedral of St. Peter in Richmond Jan. 15, Bishop Knestout called attention to the first reading, which described a total defeat of the Israeli army at the hands of the Philistines (1 Sm 4:1-11).

“It is a curious first reading from Samuel, which speaks of failure, a disaster for Israel,” said the bishop. “But even though there are many discouraging signs, we are encouraged by the Lord that our words have a greater impact than we can imagine … even if it doesn’t appear that way right now.”

At the Greater Richmond Convention Center on the morning of Jan. 15, Daniel Harms — associate director for marriage, family, and life at the Richmond diocesan Office for Evangelization — encouraged the hundreds of assembled pro-life advocates before the walk to the General Assembly Building.

Speaking up for those without a voice

“Today, we have an opportunity to speak up for those who don’t have a voice. Today, we will speak to the beauty and the dignity and the sanctity of life in response to the extreme abortion amendment,” said Harms. “As we go in today, go with kindness.”

Nicole Lancour, parishioner of St. Bede in Williamsburg, traveled to the event with her four children.

“We definitely recognize the urgency of what’s going on today,” Lancour told The Catholic Virginian, Richmond’s diocesan news outlet. “We felt that today was an important day to show up and have conversations that are … rooted in what we know to be true, not just from our faith, but also from science and human experience.”

Advocate for support for women

“We know that it’s not best for women to remove the only good thing that came from a situation that has left them fearful and uncertain,” continued Lancour. “We would rather advocate for a community to be around those women … to encourage our lawmakers to do things that change the situation in a way that doesn’t resort to violence.”

Francis Guidarelli, parishioner of St. Benedict, Richmond, had a personal reason for advocating against the amendment to his senator, Sen. Lamont Bagby, a Democrat.

“I had an abortion experience when I was 19. It stays with you for your entire life. It never leaves,” said Guidarelli. In 2004, Guidarelli went to a retreat with Rachel’s Vineyard, a support group for people affected by abortion. As part of the healing process, he named his unborn son John Paul.

‘It never goes away’

“He would be 54 years old today,” said Guidarelli. “Let me tell you: It sticks with you. It never goes away.”

Bagby was not at his office when his constituents arrived. Instead, about a dozen advocates spoke with legislative aide Keith Westbrook.

Erica Banks, parishioner of the Cathedral of the Sacred Heart in Richmond, told Westbrook about a recent study showing that millions of women regret getting an abortion decades after the procedure, and expressed concern about the vague language of the amendment.

What culture are we ‘encouraging?’

“We need to look at the type of culture we’re encouraging, and we need to take into consideration the can of worms this could open,” said Banks.

Throughout the meeting, Westbrook was polite and attentive. At one point, he noted that his church donates to East End Pregnancy Center, a help center for mothers facing unplanned pregnancies that does not provide or refer abortion services. He promised to bring the group’s concerns to Bagby before the vote. However, the senator ultimately voted for the amendment.

Sen. Sturtevant, a lawyer by trade, said the vagueness of the bill is ripe for exploitation.

“This amendment says, ‘Every individual has the fundamental right to reproductive freedom,'” he said. “One of the questions is: What does that mean for the father? A father who does not want to pay child support could say, ‘This was not my decision. This violates my right to reproductive freedom.'”

Lily Nguyen is editor-in-chief of The Catholic Virginian, the news outlet of the Diocese of Richmond. This story was originally published by The Catholic Virginian and distributed through a partnership with OSV News.

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