The Founding Freedoms Law Center filed a lawsuit in Tazewell County Circuit Court, challenging the ballot language for Virginia’s proposed constitutional amendment on reproductive freedom.
The suit was filed on behalf of the Association of American Physicians and Surgeons, the Virginia Medical Freedom Alliance, and Meagan Kade, a Tazewell County voter and Bluefield Town Council member, according to the court filing itself. The complaint targets the ballot question language approved by the General Assembly for the November election and also notes that required public distribution of the proposed amendment text to circuit court clerks did not occur as mandated by state code.
According to the Founding Freedoms Law Center, the amendment would overturn parental consent requirements for minors, remove restrictions on who may perform abortions, limit safety standards, and alter rules on late-term procedures and other regulations.
Virginia currently requires a notarized written consent from a parent or guardian before an unemancipated minor under age 18 may obtain an abortion, along with a 24-hour waiting period after consent is provided, according to state law. A judicial bypass option is available. In 2022, Virginia recorded 16,719 abortions, of which approximately 7% involved individuals up to age 19. The proposed amendment would eliminate these parental consent and notification requirements for minors.
Nationally, abortions at or after 21 weeks of gestation account for roughly 1% of all abortions, according to data from the Centers for Disease Control and Prevention. Virginia’s existing statutes impose limits on late-term abortions that require multiple physicians to certify a substantial risk to the mother’s life or health. The amendment would remove those requirements and broaden permissible reasons for third-trimester procedures.
The Founding Freedoms Law Center serves as the legal arm of the Family Foundation of Virginia and was established in 2020. The organization focuses on legal cases involving parental rights, medical freedoms and protections for the unborn, according to its website. It has represented clients in cases involving constitutional challenges to state laws affecting families and healthcare standards across Virginia.
