Virginia Amendment for Abortions Up to Birth is Illegal

A major battle over the future of abortion is unfolding right now in a Virginia court.

Liberty Counsel is fighting to stop a proposed constitutional amendment that would create a sweeping “fundamental right to reproductive freedom” in Virginia’s Constitution. But in addition to this extreme abortion amendment, this case is also about whether government officials can ignore constitutional requirements, break the rules, and then rewrite the law after the fact to cover their tracks.

Our client, Bedford County Supervisor Charla Bansley, uncovered evidence that Virginia officials failed to follow key constitutional procedures before advancing House Joint Resolution 1 toward the 2026 ballot. Required public notice and posting provisions were ignored. Now, after those failures were exposed, state officials are arguing that repealing those requirements retroactively somehow makes the violations disappear.

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Liberty Counsel is fighting back in court.

The opposition is pulling out every possible tactic to stop this case. They have asked the court to dismiss the lawsuit entirely. They claim sovereign immunity protects them from judicial review. They want the case transferred to a court they believe will be more favorable to their position. Even outside abortion advocacy groups are seeking to intervene and influence the outcome.

Liberty Counsel has filed a series of powerful legal briefs exposing these arguments for what they are: attempts to avoid accountability and push an improperly advanced constitutional amendment onto the ballot.

Virginia citizens deserve a transparent and lawful constitutional amendment process. When government officials fail to follow the Constitution’s requirements, the integrity of the entire system is at risk.

This case could have consequences far beyond Virginia. If government officials can ignore constitutional procedures and later claim those violations were “cured” after the fact, it sets a dangerous precedent for constitutional governance everywhere.

LifeNews Note: Mat Staver is the Chairman of Liberty Counsel Action and Founder and Chairman of Liberty Counsel.