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One of two lawsuits challenging Virginia鈥檚 pending reproductive rights constitutional amendment was struck down Tuesday in Campbell County Circuit Court.
Virginians are slated to approve or reject a measure to enshrine reproductive rights into the state鈥檚 constitutions this November. If approved, it would protect access to abortions, fertility treatments and contraception in the state.
Charla Bansley, a Bedford County supervisor, filed the聽聽this March, arguing the state violated its constitutional amendment process because House of Delegates Clerk Paul Nardo failed to send copies of the amendment to circuit court clerks across the state.
The requirement for clerks to post amendment language outside of courthouses was in past years intended to increase public awareness of pending referendums.
Lawyers for Nardo argued during Tuesday鈥檚 hearing that in modern times, information is more readily available through news organizations and the internet 鈥� which is why state lawmakers聽聽the requirement聽. The repeal took effect July 1.
Senior Assistant Attorney General Erin McNeil told the court that people have been able to learn about pending constitutional amendments 鈥渨ith the internet in our pockets,鈥� she said in reference to cellphones.
Bansley鈥檚 lawyers referenced Article 12, Section 1 of the聽during the Tuesday hearing multiple times 鈥� which outlines the state legislature鈥檚 responsibility to submit pending amendments to voters 鈥渋n such manner as it shall prescribe.鈥�
Because the constitutional amendment 鈥� which had to pass the legislature two years in a row before appearing on statewide ballots 鈥� occurred while the repealed state code was still on the books, Bansley and her attorneys said the process should be invalidated.
Though the repeal did not take effect until this summer, McNeil countered that lawmakers have authority to adjust the constitution and prescribe how they do it.
鈥淗ow can the General Assembly have this authority to prescribe a process but not have the authority to change that process?鈥� McNeil asked.
The case was originally filed in Bedford County. Although it was dismissed in Campbell County, Bansley鈥檚 attorneys signaled they will appeal to the state鈥檚 highest court.
鈥淭he reality is this was always going to go higher,鈥� lawyer Daniel Schmidt of Liberty Counsel said. 鈥淣o question, this is heading to the (Virginia) Supreme Court.鈥�
Virginia鈥檚 marriage equality and voting rights amendments advanced alongside the reproductive rights one. Legal experts aren鈥檛聽聽if those measures would be impacted if the high court grants a favorable ruling for Bansley in the reproductive rights amendment case appeal.
Even if voters approve the amendment this fall, a favorable Bansley appeal might make it struck down by the state鈥檚 supreme court, which ruled retroactively to block the state鈥檚 voter-approved congressional redistricting amendment聽.
The 2026 general election is Nov. 3.
