House committee reports enactment and ballot language for reproductive-freedom amendment

The House Privileges and Elections Committee on Monday reported HB 781 by a 15‑6 vote. The bill contains enactment and ballot language for HJ1, a proposed amendment that would enshrine a right to reproductive freedom in the Virginia Constitution while permitting third‑trimester restrictions “except when the patient's health is at risk or the pregnancy cannot survive.”

Delegate Marcus Herring, the bill’s patron, told the committee the language would place the amendment before voters in November 2026 and “protect personal decisions about reproductive health care, protect health care workers and professionals from punishment for providing reproductive health care,” while allowing limited late‑pregnancy restrictions. “Passing both the constitutional amendment and this enactment legislation will put the power back into the hands of Virginians when it comes to reproductive health care decisions,” Herring said.

The meeting included detailed questioning about whether the ballot question and the implementing enactment precisely mirror the text of HJ1. Delegate Leftwich asked how the ballot wording addresses fetal viability and the health of the mother; Herring replied that “the words mean exactly what they say” and that voters will decide in November.

Opponents and supporters offered sharply different readings of the language. Jeff Caruso of the Virginia Catholic Conference argued the ballot question in HB 781 departs from the text of HJ1 by limiting the explicit protections to “doctors, nurses, and patients,” whereas HJ1’s language, he said, would protect any individual who aids or assists another in exercising reproductive freedom. Caruso also criticized the ballot wording’s phrase “the pregnancy cannot survive,” contrasting it with HJ1’s medical‑judgment phrasing about a physician’s determination of nonviability.

Sarah Dalton of the League of Women Voters of Virginia testified in favor of HB 781, saying the ballot language “provides a clear description of the constitutional amendment” and will help voters make an informed decision about the scope of reproductive health care covered and the protections for patients and providers.

After discussion about precision in the ballot question’s wording, the committee voted to report HB 781, 15 in favor and 6 opposed. The bill was reported out of committee and will continue through the House process toward placement on the Nov. 2026 ballot.

The committee record shows concerns from multiple members about the exact phrasing on viability and who is covered by the protections; those concerns were voiced publicly during the hearing and remain part of the legislative record.