December 7, 2023

Virginia, Montana Among States Considering Abortion Constitutional Amendments

Virginia and Montana are among the growing number of states that could see a right to abortion codified in their state constitutions.

Last month, the Democrat majority in Virginia began the process of introducing a constitutional amendment that would codify a right to abortion in the state constitution. Virginia effectively allows abortion at all stages of pregnancy, but it is not currently a constitutional right. The new amendment would change that.

In a statement on X, the Virginia GOP wrote, “Today, after running an entire campaign on ‘maintaining the status quo,’ Virginia Democrats introduced a slate of radical bills that would upend existing law and turn our Commonwealth into a failed left-wing state like California or New York.”

“Their very first order of business was to introduce an amendment that would enshrine a right to unrestricted late-term abortion-on-demand in the Virginia Constitution. Despite Democrat House leader [Don Scott] explicitly telling the Virginia-Pilot that ‘the goal is for [abortion] laws to remain the same’ before the election, Democrats are now seeking to make abortion at any stage of pregnancy legal for any reason – a far more radical policy than the existing limit of 26 weeks.”

In Montana, pro-abortion activists filed a proposed amendment that would prohibit "the government from denying or burdening the right to abortion before fetal viability."

Montana currently recognizes a constitutional right to abortion, but it is based on the Montana Supreme Court's interpretation that the state's right to privacy implies a right to abortion. The proposed amendment would deprive the unborn of their right to life even if the Montana Supreme Court changes its stance.

Pro-abortion activists in Florida, Maryland, and New York are also pushing for pro-abortion constitutional amendments after Ohio voters passed a ballot measure creating a right to abortion.