Three years after the Supreme Court decision that ended federal abortion rights, voters in 11 states have approved ballot measures to enshrine reproductive rights in their state constitutions. Voters in Virginia could get a chance to weigh in on their own constitutional amendment next year, but the proposed ballot measure will need a green light from the state legislature first.

Virginia’s constitutional amendment process calls for both chambers of the legislature to approve a ballot measure twice — with an election separating the two votes — before it can go to voters. Democrats won control of the legislature in 2023 and this year approved the measure with no Republican support. Its fate will be decided when the legislature reconvenes in January: If Democrats don’t win control of the Virginia House of Delegates, the measure almost certainly won’t be on the ballot in 2026.

A proposed constitutional amendment that isn’t on the ballot yet has become a key election issue in Virginia this cycle, where every House seat is up for grabs and Democrats are defending a three-seat majority.Many of the women running for office are highlighting personal abortion, pregnancy and miscarriage stories to make their case to voters.

Virginia’s proposed constitutional amendment would create a fundamental state right to reproductive freedom. The ballot measure will need the support of a simple majority of voters to become law. These measures have tended to be popular with a majority of voters in nearly every state where they have been voted on, often attracting conservative and independent support and outperforming Democratic candidates.