HJ1: The practically unlimited abortion amendment in Virginia
Section 11-A. Fundamental right to reproductive freedom.
"That every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care. An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means. Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable."
Click on the link to see the entire text: HJ1 - 2025 Regular Session | LIS
"Physician"
The amendment refers to the "professional judgement of a physician." But interestingly it does not define what kind of physician can make this determination. No specialists are mentioned, leaving the door open to any person who is technically a "physician."
"Life or physical or mental health"
No specific threats to the mother's life are mentioned, no examples of physical health threats are noted, and no definition of "mental health" is given, leaving ample room for interpretation by physicians of any kind.
"Viability"
As is the problem with the other guidelines, what is meant by "viability" is not noted. Does this include a baby having down syndrome? Does this include a baby who will have a deformity? Does this include a baby who will live with autism? The boundaries for this definition are highly nebulous and therefore essentially unlimited.