Virginia voters approve abortion-rights and marriage amendments; challenge to abortion measure set for Nov. 13 hearing

Virginia voters on Tuesday, Nov. 3, approved two constitutional amendments on abortion and marriage, according to Associated Press calls reported by VPM. Ballot Question 1 adds a "fundamental right to reproductive freedom," covering contraception, fertility care and abortion, to the state constitution. It led 60.9% to 39.1% when the AP called it. Ballot Question 2 removes the 2006 amendment that defined marriage as only "a union between one man and one woman." It led 56.1% to 43.9% at the call. Results are unofficial until certified. Voters also approved a third amendment automatically restoring voting rights to people who complete felony sentences.

Under Question 1, abortion is protected through the second trimester, VPM reported, and barriers to third-trimester abortions are reduced. A single physician, rather than three, will need to approve late-term abortions, WYDaily reported. Question 2 has no immediate legal effect because the U.S. Supreme Court's 2015 Obergefell v. Hodges decision already struck down Virginia's ban. The new text says officials may not deny a marriage on the basis of sex, gender or race, VPM reported.

The Founding Freedoms Law Center, the legal arm of the conservative Family Foundation, has asked a Tazewell Circuit Court judge to block certification of the abortion amendment, arguing the ballot language was misleading. A hearing is set for Nov. 13. "This fight is not over," Family Foundation president Victoria Cobb said.

In a statement through the Virginia Catholic Conference, Bishop Michael F. Burbidge of Arlington and Bishop Barry C. Knestout of Richmond called the approval of Question 1 "profoundly tragic." They said Question 2 "denies the truth that marriage – created by God – is the union of a man and a woman."