Senator Mark Obenshain, speaking at a recent session, highlighted the dangers posed by the proposal. He noted that 80 percent of Americans, including a majority in Virginia, support reasonable restrictions on abortion, such as parental notification and consent laws for minors. These measures, he emphasized, have been constitutionally upheld for over 50 years and serve as essential protections for families. ‘The kinds of restrictions, most notably parental involvement laws, are supported by 80 percent of Americans,’ Obenshain stated, warning that the amendment’s language mirrors failed measures in states like Ohio, where vague phrasing was used to embed expansive Roe v. Wade-style protections.

The amendment’s passage in the Senate came after Democrats narrowly rejected key Republican amendments aimed at preserving parental rights. Senator Tara Durant proposed language affirming parents’ rights to consent for minors undergoing abortions, a measure struck down on a 20-19 party-line vote. Similarly, Senator Emily Jordan’s amendment to ensure medical care for babies born alive after failed abortions was blocked. These rejections underscore the amendment’s potential to dismantle Virginia’s current framework, which requires parental consent or judicial bypass for minors seeking abortions and limits elective abortions in the third trimester.

Lieutenant Governor Winsome Earle-Sears has been vocal in her opposition, cautioning that the amendment would make such reasonable restrictions constitutionally impermissible. As president of the Senate, Sears has previously expressed moral concerns over similar measures, signing bills with handwritten notes highlighting the lack of protections for the unborn. Her warnings align with broader Republican efforts to portray the proposal as extreme, especially in a state where post-Dobbs polling shows strong support for limits after 15 weeks and parental involvement.

Virginia’s abortion laws have remained relatively moderate since the U.S. Supreme Court’s Dobbs decision overturned Roe v. Wade. The state permits abortions up to roughly 26 weeks but bans non-therapeutic procedures in the third trimester. Parental consent has been a cornerstone, ensuring parents are involved in life-altering decisions for their children. Proponents of the amendment, led by Senate Democrats, argue it protects the killing of unborn babies amid national threats, but Republicans counter that its broad language invites judicial overreach, potentially striking down health standards, conscience protections for providers, and taxpayer funding restrictions.

The measure’s advancement follows Democratic control of the Senate, where it passed despite Republican filibuster threats. Governor Abigail Spanberger recently signed SB 449, paving the way for voters to consider the amendment in the upcoming election cycle. This move has galvanized pro-family groups like The Family Foundation of Virginia, which decry the lack of guardrails on late-term abortions, partial-birth procedures, and born-alive protections.

Obenshain urged action, stating that if the amendment passes, ‘they’re gonna be back’ with even more aggressive pushes. With Virginia’s divided General Assembly — Republicans holding the House of Delegates — the ballot fight looms large, testing the state’s purple credentials.

Supporters of parental rights point to incidents like those in Fairfax County, where schools allegedly facilitated abortions for minors without notification, as harbingers of what statewide constitutionalizing could enable. National observers note Virginia as a frontline in the post-Dobbs battle, with outcomes influencing Southern states. As Earle-Sears and Obenshain frame it, the line must be drawn at protecting families and the vulnerable, not expanding unchecked access.

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