(The Center Square) – A legal group filed a lawsuit in Tazewell County Circuit Court challenging the ballot language for Virginia’s proposed constitutional amendment on reproductive freedom, saying it is misleading and violates state law.
The lawsuit was filed by the Founding Freedoms Law Center, part of The Family Foundation of Virginia, on behalf of the Association of American Physicians and Surgeons, the Virginia Medical Freedom Alliance and Meagan Kade, a Tazewell County resident and Bluefield Town Council member.
The complaint names the Virginia State Board of Elections, the Virginia Department of Elections, Clerk of the Virginia House of Delegates G. Paul Nardo, Tazewell County Circuit Court Clerk Charity D. Hurst and the county’s general registrar as defendants.
At issue is the ballot language approved by the General Assembly through House Bill 781 and Senate Bill 449, which will ask voters in November whether to amend the Virginia Constitution to establish a right to reproductive freedom.
The ballot question states:
“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?”
Attorneys for the plaintiffs say the ballot question does not meet legal requirements that constitutional amendments be presented in a clear and neutral manner and instead omits key details about how the amendment could affect existing state law.
The complaint outlines what it describes as the amendment’s real-world impact, saying it could override existing Virginia laws governing abortion and reproductive care.
Plaintiffs say that could invalidate parental consent requirements for minors, limit the state’s ability to set licensing and safety standards for providers and loosen current restrictions on late-term abortions, depending on how courts interpret the constitutional language.
Joshua Hetzler, executive director and chief counsel for the Founding Freedoms Law Center, said voters have a constitutional right to accurate information when deciding whether to amend the state constitution.
“The question posed to the voters cannot be deceptive or fraudulent,” Hetzler said.
The Attorney General’s Office pushed back on the lawsuit in a statement to The Center Square.
“Reproductive health care is healthcare,” the statement said. “Opponents of this constitutional amendment know that Virginians want their reproductive rights protected and will vote yes, which is why they are attempting to preemptively silence the voices of voters everywhere. As attorney general, I will not stand for it.”
The amendment, if approved by voters, would add language to the state constitution protecting decisions related to reproductive care, including abortion, contraception and miscarriage management, while allowing some restrictions in later stages of pregnancy under certain conditions.
The lawsuit follows a recent legal challenge over ballot language tied to Virginia’s redistricting process, where courts have been asked to weigh whether summaries presented to voters meet constitutional standards.
Plaintiffs are seeking a declaratory judgment that the ballot language is unconstitutional and an injunction that could prevent certification of the amendment if it is approved under the current wording.
