Lawsuit Filed to Block Virginia Abortion Amendment From 2026 Ballot Over Constitutional Violations

Virginia Lawsuit Challenges Abortion Amendment Over Procedural Failures Before November 2026 Ballot

Liberty Counsel has filed a legal complaint in Bedford County Circuit Court seeking to block a proposed Virginia constitutional amendment that would enshrine a right to abortion from appearing on the November 2026 ballot.

The lawsuit, filed on behalf of Bedford County Board of Supervisors member Charla Bansley, targets House Joint Resolution 1 (HJR1), which would establish a "Fundamental Right to Reproductive Freedom" in Virginia's Constitution.

The complaint names several defendants, including Virginia House of Delegates Clerk G. Paul Nardo, Virginia Elections Commissioner Steven Koski, the Virginia State Board of Elections, the Virginia Department of Elections, Bedford County Registrar of Elections Barbara Gunter, and Bedford County Circuit Court Clerk Judy Reynolds.

At the heart of the lawsuit are allegations that state officials failed to follow constitutionally mandated procedures after the amendment's initial passage during the 2025 General Assembly session. Specifically, the complaint alleges that the Clerk of the House of Delegates never distributed the proposal to the clerks of every circuit court in the state, and that the proposed amendment was never posted three months before the next intervening House of Delegates election, as required by Virginia law.

This measure cannot legally appear on the ballot due to incomplete notice requirements after first passage.

That statement came from Mat Staver, founder of Liberty Counsel.

According to the complaint, at least three circuit courts, including Bedford County, Campbell County, and the City of Lynchburg, never received the proposal for public posting and inspection as legally required.

The Democrat controlled General Assembly approved the resolution in January 2026 with votes falling along party lines: 64 to 34 in the House and 21 to 18 in the Senate. Governor Abigail Spanberger signed off on the measure, clearing the final step before it was set to head to voters.

Pro Life Groups Fight to Block Virginia Abortion Ballot Measure in Court

The proposed amendment would protect decisions regarding pregnancy care, contraception, and abortion. It permits regulation of third trimester abortion only where necessary for the pregnant person's health or fetal viability concerns.

The lawsuit asks the court to block the printing of 2026 ballots that include HJR1 and to require the amendment process to restart during the 2027 to 2028 legislative and election cycles.

The Crusader's Opinion

Let us be clear about what is happening in Virginia. The Democratic legislature rammed through a radical amendment that would allow abortion up to the moment of birth, and they did not even bother to follow their own laws while doing it. They skipped the required notice to circuit courts. They ignored the posting requirements. They treated the Virginia Constitution like a suggestion rather than the supreme law of the Commonwealth.

When you cut corners to kill babies, you reveal exactly who you are. Liberty Counsel is right to challenge this in court. If this amendment cannot survive basic procedural scrutiny, it has no business being on any ballot. Every Christian in Virginia should be watching this case like their children's lives depend on it, because they do.

Take Action

• Contact your Virginia state legislators and demand they uphold constitutional procedures. Find your representatives at virginiageneralassembly.gov.
• Support Liberty Counsel's legal fight to defend the unborn. Learn more and donate at lc.org.
• Support The Shepherd's Shield, standing for persecuted Christians and the defense of life at www.TheShepherdsShield.org.
• Share this story with your church community and Bible study group. Discuss what Virginia's abortion amendment means for the sanctity of life.
• Pray for the judges in Bedford County Circuit Court, that they will uphold the rule of law and protect the unborn from this radical measure.