Virginia abortion amendment faces new ballot suit

Summary

A new lawsuit in Tazewell County challenged wording for Virginia’s reproductive rights amendment ahead of the November ballot.

Why this matters

The case could affect how Virginia voters read a proposed constitutional amendment before early voting begins Sept. 18. It also follows a separate legal challenge that could have broader implications for all four constitutional amendments on this year’s ballot.

A second lawsuit filed in Tazewell County challenged a proposed Virginia constitutional amendment on reproductive rights, this time arguing the ballot language is misleading.

The suit was filed in Tazewell County Circuit Court by Bluefield Town Council member Meagan Kade and Chesterfield County child psychiatrist Sheila Furey. They are represented by the Founding Freedoms Law Center, the legal arm of the conservative advocacy group Family Foundation.

“The language voters will see when they walk into the voting booth in November is engineered to obscure what this amendment actually does,” Family Foundation President Victoria Cobb said Thursday.

The plaintiffs argued the amendment would eliminate parental consent requirements for minors seeking abortions or surgical birth control procedures, and remove the current three-physician approval requirement for certain later-pregnancy abortions. They said voters may not understand the amendment’s effects based on the ballot wording.

Existing Virginia law requires parental or guardian consent for surgeries on minors unless a minor successfully petitions a judge for approval.

Democrats who placed the amendment on the ballot said it would not override existing law, but would more firmly protect access to abortion, contraception, and fertility treatment. They have also sought for years to remove the state’s three-physician requirement, saying it can delay care for patients in rural areas facing life-threatening emergencies.

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