Effort to enshrine abortion in Virginia Constitution 'extreme, radical, deadly,' say bishops

(OSV News) -- The Catholic bishops of Virginia Jan. 21 expressed "alarm and dismay at the aggressive pursuit of enshrining a 'right'" to abortion in the Virginia Constitution by majorities in the state's House and Senate.

The abortion resolution -- as well as a second resolution repealing the "one-man/one-woman marriage provision" Virginia voters approved in 2006 and a third resolution guaranteeing the restoration of voting rights to those who have been released from prison after incarceration for a felony conviction -- are on an "unusual" fast-track through the Virginia General Assembly, the bishops said.

All three were passed by the Senate of Virginia Jan. 21, a week after the state's House of Delegates OK'd the measures. The resolutions are the first step in Virginia's two-year process required to amend the constitution.

In a Jan. 21 statement, Bishop Michael F. Burbidge of Arlington and Bishop Barry C. Knestout of Richmond said the abortion measure is "of utmost priority."

"This resolution is extreme, radical, deadly, and tragically misguided. It would expand our Commonwealth’s already very permissive abortion laws and allow virtually unlimited abortion at any stage of pregnancy," they said. "We again implore all lawmakers to work instead for policies that affirm the life and dignity of every mother and every child."

The bishops referred to their Nov. 13 statement opposing "the abortion expansion and marriage redefinition amendments." They had also expressed their support of the voting rights amendment. The November statement followed action by the 22-member House Privileges and Elections Committee to send the measures to the chamber's floor at the beginning of the 2025 legislative session.

"Adding a 'right' to abortion in Virginia's constitution would enshrine a fundamental tragedy, not a fundamental right," Bishop Burbidge and Bishop Knestout said in the November statement released by the Virginia Catholic Conference. "Alarmingly, this proposed policy appears to allow virtually unlimited abortion at any stage of pregnancy."

The bishops had expressed concern that "this measure could quite possibly endanger Virginia's parental consent law and its prohibition against partial-birth abortion, and may very well foreclose the possibility of any future measure to protect babies from abortion."

The proposed amendment would guarantee abortion access for Virginians through the first two trimesters of pregnancy. Democrats who back the proposal say it would allow the state to prohibit abortions in the third trimester, but opponents say the amendment doesn't include language that would allow the state to prohibit abortion if there's a state interest in protecting the life of the unborn.

Under current Virginia law, abortion is legal during the first and second trimesters. Abortion is only allowed in the third trimester if three doctors certify that the mother's life or health is at risk.

Ahead of the Senate vote Jan. 21, supporters of Planned Parenthood Advocates of Virginia gathered to "pink out the Capitol," the organization said. Wearing bright pink "Reproductive Freedom 2026” shirts, advocates met with more than 40 legislators "to reinforce the need for a constitutional safeguard that guarantees Virginians the right to make their own reproductive decisions without interference from politicians."

Regarding the same-sex marriage resolution, the state's definition of marriage as between one man and one woman was rendered defunct by the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges legalizing same-sex unions nationwide.

"We affirm the dignity of every person, and we affirm too that marriage is exclusively the union of one man and one woman," the bishops said in their Nov. 13 statement. "Marriage was created by God with an original design and purpose that each of us is called to preserve and that predates any nation, religion or law."

On the third proposed amendment, to automatically restore voting rights for people who have served their time for felony crimes, the bishops noted that this is "currently the policy in the vast majority of states. Moreover, it reflects the teaching of faithful citizenship that each person should participate fully in the political process."

Before Virginians can vote on a referendum about their states' constitution, the General Assembly must approve the proposed amendments twice in at least two years, according to The Associated Press. The constitutional amendments put forth by lawmakers would not require the governor's signature if they were approved by voters, which could allow the Democratic-led House and Senate to bypass Republican Gov. Glenn Youngkin, who has vetoed bills related to abortion in the past.

Virginia's next election is November 2025, so the earliest the three amendments could be put on the ballot is November 2026 -- if the measures pass in the state's 2025 and 2026 legislative sessions.

"Through the Virginia Catholic Conference email advocacy network," Bishop Burbidge and Bishop Knestout said Jan. 21, "thousands of Catholics across Virginia sent messages to their legislators asking them to vote against the abortion expansion and marriage redefinition measures, and in favor of restoring voting rights."

"Thank you for being faithful citizens," they added. "Your voices are vital and will be needed at every stage in this long-term fight for the values we cherish and the lives these measures impact, especially the lives of those who have no voice but ours."