A group of Virginia physicians is raising alarms about the potential consequences of a proposed constitutional amendment on abortion, warning that it could shield abortion providers from prosecution—even in cases involving severe malpractice or criminal conduct. Dr. Timothy Boley, who represents Virginia Medical Professionals for Women’s Safety (VMPWS), spoke to reporters this week, arguing that the amendment’s language would create broad protections for providers under what it calls a “fundamental right to reproductive freedom.”

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The core of the debate is whether the amendment, if approved by voters, would override existing legal safeguards and accountability measures for abortion providers. Critics say the measure could make it difficult or even impossible to prosecute providers in cases of egregious wrongdoing.

The amendment, which is set to appear on the ballot for a public vote, would enshrine in the Virginia Constitution the right to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care. According to the Virginia Department of Elections, current state law does not explicitly guarantee these rights (source).

Doctors’ Liability Concerns

Dr. Boley contends that the amendment would make it impossible to prosecute providers like Kermit Gosnell, a former physician convicted in another state of murdering infants and harming women. Boley said the amendment’s liability shield would apply to anyone providing abortions, regardless of their qualifications or adherence to safety standards.

"The language in question one is broad enough to restrict the commonwealth’s ability to adjust safeguards, including safeguards concerning who performs abortions, where they’re performed, and the standards for even higher risk third trimester procedures."

— Dr. Timothy Boley, Virginia Medical Professionals for Women’s Safety

Dr. Christina Francis, CEO of the American Association of Pro-Life OBGYNs, echoed these concerns. She argued that the amendment could allow unlicensed individuals to perform abortions without fear of criminal or civil penalties. Francis pointed to examples from other states with similar laws, where non-physicians—including podiatrists and optometrists—have reportedly performed surgical abortions. Both doctors argue that such scenarios could become possible in Virginia if the amendment passes, potentially putting patients at risk.

VMPWS, a coalition of nearly 300 doctors, maintains that the amendment would invalidate legislative efforts to impose safety standards or limit who can perform abortions. The group’s statement claims the measure would allow abortions at any stage for any reason, and that minors could obtain abortions without parental consent or informed consent requirements. They argue that the amendment’s broad language could remove many of the guardrails currently in place to protect patient safety.

Amendment Language and Scope

The proposed amendment would protect doctors, nurses, and patients from punishment related to reproductive decisions. It would also allow the state to impose restrictions on abortion during the third trimester, except when the patient’s health is at risk or the pregnancy is not viable. Supporters of the amendment say this language is intended to ensure access to reproductive healthcare while allowing for reasonable regulation in later stages of pregnancy.

However, opponents argue that the amendment’s protections are so broad that they would override most forms of regulation. They say that by establishing reproductive freedom as a fundamental right, the amendment could make it difficult for the state to enforce existing safety requirements or to prosecute providers for violations.

Currently, Virginia law allows elective abortion through the second trimester. The proposed amendment could potentially expand access through the third trimester, depending on how its provisions are interpreted and enforced. The outcome of the public vote will determine whether these changes take effect.

A legal challenge to the amendment is moving forward after a Virginia judge allowed the case to proceed, despite objections from the state’s Democratic leadership. The hearing date has been set, but state officials have not publicly responded to the doctors’ criticisms or the pending lawsuit.

Supporters of the amendment argue that it is designed to protect reproductive rights and ensure access to a range of healthcare decisions, including abortion, birth control, and fertility care. They note that the ballot language specifies that restrictions may be imposed in the third trimester under certain conditions, such as when the patient’s health is at risk or the pregnancy is not viable.

Opponents, including VMPWS and other medical professionals, maintain that the amendment’s broad protections would override most forms of regulation and accountability. They warn that this could have unintended consequences for patient safety and provider oversight.

The proposed amendment has become a flashpoint in Virginia’s ongoing debate over abortion rights and access. With the public vote approaching and a legal challenge underway, the future of abortion regulation in the state remains uncertain. The outcome of both the ballot initiative and the court case will determine whether the amendment’s provisions are ultimately enacted into law.