Virginia adopts abortion rights referendum
A referendum to establish a constitutional right to abortion in the Virginia Constitution was adopted.
November 3, 2026
Voters in Virginia adopted a referendum to enshrine a right to abortion in their state constitution, while voters in Missouri, Nevada, and Idaho await the final results for referendums that would change abortion policies.
With more than 87% of the vote counted in Virginia as of 11 p.m. ET, 61.5% of people voted for the referendum and 38.5% voted against it.
The people of Missouri are voting on a pro-life referendum to repeal a state constitutional right to abortion. The outcome is too early to call with more than 85% of the vote counted, but the referendum is currently losing, with 55.5% of people voting against it and 44.5% in favor.
Votes have yet to be counted in Nevada or Idaho, where polls closed later.
Catholic bishops in all four states were heavily involved throughout the races, emphasizing the Church’s teaching on the sanctity of life and asking the faithful to cast pro-life votes on the state referendums.
The state referendums
The referendum in Virginia will establish a “fundamental right to reproductive freedom” in the state constitution, which includes “abortion care.” The amendment extends this right to “every individual,” rather than restricting it to just adults.
Although the amendment allows abortion restrictions in the third trimester, it does not allow any restrictions when necessary to protect “the life or physical or mental health” of the mother at any point in the pregnancy. It does not define what constitutes a threat to one’s “mental health” but rather leaves this up to the discretion of the treating physician, who is often the abortionist.
The referendum in Missouri would repeal the state constitutional right to abortion and it would allow state lawmakers to restrict abortion. If it fails, the constitution will continue to maintain a “fundamental right to reproductive freedom," which includes “abortion care.”
Missouri’s constitution allows lawmakers to restrict abortions after fetal viability, which is when the unborn child can survive outside the womb. However, lawmakers cannot restrict abortion at any point in the pregnancy when necessary to “protect the life or physical or mental health” of the mother. Fetal viability and whether the mother’s health is at risk is determined by the treating physician, who is often the abortionist.
The referendum in Nevada, if it passes, would establish “a fundamental right to abortion” in the state constitution. It would allow lawmakers to impose restrictions after the point of fetal viability, which are determined by the “treating health care practitioner,” which is often the abortionist.
The right would extend through the entire pregnancy when needed to “protect the life or health” of the mother, but “health” is not defined. The right would extend to all individuals, not just adults.
Idaho’s referendum would not amend the state constitution, but it would change state law to establish a right to “reproductive freedom,” which includes “abortion.” It would supersede the current state law, which prohibits abortion except to prevent the death of the mother and, in the first trimester, in reported cases of rape or incest.
The referendum would allow lawmakers to restrict abortion at the point of fetal viability, but this would be determined by the treating physician, who is often the abortionist. It would not allow lawmakers to restrict abortion at any point in the pregnancy when there is a medical emergency. The right would be extended to all individuals, not just adults.
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