Judge refuses to block hearing on voiding Virginia abortion amendment
The Nov. 13 hearing is in response to a lawsuit that alleges the abortion amendment used deceptive language to secure passage. The hearing will occur after voters approved the amendment and in front of the same judge who blocked Virginia’s redistricting attempt.
Tazewell County Circuit Court Judge Jack Hurley denied Virginia’s motions in late October to block a Nov. 13 hearing on a lawsuit that seeks to stop the state from certifying election results for the abortion amendment voters approved during the general election. The lawsuit, filed in April, argues that the ballot language “profoundly misleads by omission and misrepresentation.”
Josh Hetzler, executive director of the Founding Freedoms Law Center, which represents the plaintiffs, said, “If you want to amend the Constitution, you have to first follow the Constitution.”
Virginia’s state constitution requires that amendments to it be presented to the electorate for a vote and be the same as what the legislature passed. Those arguing against the legality of the abortion amendment charge in their complaint that “The Ballot Language does not accurately describe the Proposed Amendment.”
Amendment 1 led 62% to 38% with 94% of votes counted, as Zeale News reported Nov. 4, citing the Associated Press. It would add a “fundamental right to reproductive freedom” to the state constitution while allowing restrictions on third-trimester abortion except when a physician determines that the mother’s physical or mental health is at risk or the pregnancy cannot survive. It is scheduled to take effect Jan. 1, 2027, if certified.
The question for the measure read: “Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient’s health is at risk or the pregnancy cannot survive?”
The Founding Freedoms Law Center filed the suit against Amendment 1 on April 30 on behalf of the Association of American Physicians and Surgeons (AAPS), the Virginia Medical Freedom Alliance, and Meagan Kade, a Bluefield Town Council member.
The complaint alleges the ballot question misled voters by saying the amendment would “protect” a freedom to make abortion decisions, implying an existing constitutional “right” to abort an unborn child even though the U.S. Supreme Court ended federal “protection” for abortion when it overturned Roe v. Wade.
The suit also charges that the ballot question’s language did not explain the amendment’s wide-reaching impact on existing state laws if it were passed. The plaintiffs argue the amendment could eliminate parental consent for minors seeking abortions or sterilization, remove licensing requirements for abortion providers, and end Virginia’s criminal prohibition on statutory rape involving minors — potential consequences not explained in the ballot question.
In the technical defect realm, AAPS also alleges that the Virginia House of Delegates clerk did not send the amendment to circuit court clerks for posting at courthouses before the intervening 2025 election, as state law then required. The defendants include the State Board of Elections and the Department of Elections.
Supporters, meanwhile, say the amendment would not override Virginia’s existing parental consent law, and Virginians for Reproductive Freedom called the new suit a “sham lawsuit.”
Those challenging Amendment 1’s wording are asking the court to declare the ballot language and amendment process unconstitutional, void the amendment, and bar certification of the vote. The Founding Freedoms Law Center said it will seek a preliminary injunction at the hearing. Hetzler said the losing side could petition the Virginia Supreme Court within 15 days.
Hurley also handled the case brought against a redistricting amendment advanced by Virginia’s General Assembly. He blocked the amendment on April 22, a day after voters approved it 51.6% to 48.4%, on the grounds that the ballot question was “flagrantly misleading,” while also citing other procedural defects.
Ultimately, the Supreme Court of Virginia struck down the redistricting amendment in May because it was not passed by two sessions of the General Assembly with a general election separating them.
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