Virginia Abortion Amendment Would Eliminate Nearly All Regulation, Endangering Women, Gynecologist Warns

While Virginia already has extremely permissive abortion laws, voters will decide whether to enshrine abortion in the state’s constitution at the ballot box on Tuesday under Question 1, a ballot initiative that would essentially legalize abortion at any point in pregnancy.

Dr. Christine Francis, board-certified OB-GYN and president of the American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG), explained the misconception with many of these ballot initiatives is that voters believe they are restoring the status quo while under Roe v. Wade. The issue, Francis explained, is that these proposals actually take things much further.

If passed, Question 1 would “enshrine a ‘right to abortion’ in their state constitution all the way through pregnancy,” Francis told National Review.

The question, as written, would allow for abortions in the first two trimesters, and would allow abortion during the third trimester under certain circumstances. As written, the ballot question imposes very few limits on late-term abortion, Francis warns.

A mother’s ailing mental health, for example, may qualify as a circumstance that would allow for a third-trimester abortion. The precedent rests in Doe v. Bolton, a case decided the same day as Roe v. Wade. The Supreme Court ruled that a physician’s medical judgment regarding whether an abortion was necessary could take into account all factors relevant to the patient’s well-being, including physical, emotional, psychological, and familial circumstances, as well as the woman’s age.

Similarly, because the amendment promises not to “penalize, prosecute, or otherwise take adverse action against” a patient or doctor, Francis explains, “It appears that the state would not have any right to go after that physician [who committed medical malpractice] because the physician performed [malpractice] in doing an abortion, which was the patient’s individual right.” 

While abortion is already legal in Virginia up to 27 weeks, this potential change to the state constitution “is very extreme [and] goes well beyond what current Virginia law is,” Francis said. 

The initiative would also drastically limit the state legislature’s power to regulate the abortion industry and protect women from malpractice.

“The state will likely be completely unable to impose any sort of health or safety regulations on clinics,” Francis said. “It would allow for unlicensed providers as well as unlicensed clinics to be providing abortions. And if there were issues, it would be very difficult for the state to then investigate that because of the lack of health and safety regulations that would result from this amendment.” 

The ballot initiative, which is deliberately vague, describes an individual’s “fundamental right to reproductive freedom.” But, as Francis explained, it basically means abortions will be permitted throughout all nine months of pregnancy.

“If it becomes part of their state constitution, that there will be an increase in not only in abortions in general in the state of Virginia, but an increase in late in pregnancy abortions,” Francis said. 

Other states — such as Colorado and Michigan — have passed similar constitutional amendments; women and unborn children have paid the price.

“We don’t have to sort of speculate as to what might happen if this amendment is adopted into the constitution,” Francis said. “In Colorado, there was a young girl, an 18-year-old, who died as a result of from as a result of a botched abortion at an abortion facility. . . . The state health department in Colorado has been unable to do a meaningful investigation into her death because of the lack of laws giving them access to be able to do that into that facility.” 

Many people assume that abortion facilities would follow rules and safety regulations but in reality, lax regulations opens the door to short cuts and practices that prove dangerous for both the mother and baby.

“Again, we don’t have to speculate,” Francis said. “There are multiple documented instances over the last 10 to 15 years of abortion facilities when someone finally did go in and do an inspection, where they were either shut down or cited for major safety violations.” 

A coalition of health-care professionals, as well as groups of religious leaders, have joined together to oppose the amendment ahead of midterm elections on Tuesday. Almost 200 doctors under Virginia Medical Professionals for Women’s Safety are urging voters to “vote no” on Question 1, citing all of these concerns.  

Bishop Michael F. Burbidge of the Diocese of Arlington released a statement, urging Catholics to vote no on the initiative.

“One amendment, which will appear as Ballot Question 1, proposes an extreme and vague change to the Virginia Constitution that would create a legal right to unregulated abortions, performed by unlicensed abortion practitioners at any time during pregnancy,” Burbidge said in his statement. “The proposed amendment is extreme. It is unnecessary. And it is wrong.”

Bishop Barry C. Knestout, Diocese of Richmond, took a similar stand against the amendment, telling his congregants as Catholics, they must vote no.

Ten states have currently enshrined abortion into their constitutions, with not only Virginia, but also Nevada, set to vote on their constitutional amendments Tuesday.

“The healthcare industry is one of the most regulated industries in the country, so we are very used to operating under very strict guidelines that are set forth by laws, either state laws or federal laws,” Francis said. “The abortion industry wants to claim that they are providing essential health care, and yet they don’t want to be held to the same standard.”