A Campbell County Circuit Court judge dismissed one of two legal challenges to a proposed Virginia constitutional amendment that would enshrine access to abortion, contraception and fertility treatments, the court record shows. The decision removes an immediate obstacle to placing the measure before voters this November, though other litigation remains possible.
What the suit said and why the court rejected it
The lawsuit was filed in March by Charla Bansley, a Bedford County supervisor. Bansley argued the General Assembly violated the state’s amendment process because House of Delegates Clerk Paul Nardo did not send copies of the amendment to circuit court clerks across Virginia as a former state code provision required. That posting requirement had been used in prior years to alert the public to pending referendums.
“With the internet in our pockets,”
During Tuesday’s hearing, Senior Assistant Attorney General Erin McNeil argued that modern information channels — including news organizations and the internet — make the old posting requirement obsolete. McNeil questioned whether the General Assembly could both prescribe a process and lack authority to change it.
How the repeal of the posting rule figures in the case
Lawmakers repealed the statutory requirement earlier this year; that repeal took effect July 1. Bansley’s attorneys pointed to Article 12, Section 1 of the Virginia Constitution, which tasks the legislature with submitting amendments to voters “in such manner as it shall prescribe,” and argued the process that produced the amendment should be invalidated because the repeal occurred after the amendment passed the legislature.
The attorney general’s office told the court the General Assembly has the authority both to prescribe and to revise the process for submitting constitutional amendments.
Practical effects and next steps
The measure was approved twice by the legislature — a requirement for constitutional amendments — and remains slated for the statewide ballot in November. If voters approve the amendment, it would explicitly protect access to abortions, contraception and fertility treatments in Virginia.
The dismissed suit was one of two challenges; the outcome does not necessarily end legal fights over the amendment. Court records indicate prosecutors and other officials may continue to consult and investigate related procedural questions, and further legal action could still be filed or appealed.
- Who filed the suit: Charla Bansley, Bedford County supervisor
- Where it was heard: Campbell County Circuit Court
- Key legal point: Whether repealing a posting statute after legislative approval undermines the amendment process
| Item | Detail |
|---|---|
| Amendment protections | Abortion, contraception, fertility treatments |
| Statute repeal effective | July 1 |
| Next milestone | Voter decision in November ballot |
For Virginians tracking this issue, the ruling clarifies that at least one procedural challenge will not prevent the amendment from appearing before voters. Still, the broader legal and political debate around reproductive rights in the state is likely to continue through summer and into the fall as campaigns and courts weigh in.
News Block will continue to monitor related court filings and any appeals connected to this case, and will report developments that could affect how the amendment is presented to voters this fall.
