The legal challenge to Virginia’s proposed Abortion Amendment (Amendment 1) just cleared a major hurdle. The Tazewell Circuit Court has denied the Commonwealth’s motions to block the case, so attorneys with the Founding Freedoms Law Center (FFLC) will be in court on November 13 if the amendment passes on Election Day.


The Ruling and the Nov. 13 Hearing

Late last week the Tazewell Circuit Court denied the Commonwealth’s motions that sought to stop the hearing from going forward the week after the election. FFLC attorneys Josh Hetzler and Michael Sylvester will now argue the case on November 13.

On behalf of the Association of American Physicians and Surgeons, the Virginia Medical Freedom Alliance and Meagan Kade, FFLC is asking for a preliminary injunction to prevent certification of the election results.

The Claims

  • Procedurally defective: the lawsuit alleges the amendment was advanced through a flawed process.
  • Deceptive ballot question: it argues the question posed to voters on the ballot is deceptive.
  • Judge Hurley presiding: the same judge ruled earlier this year that the redistricting amendment was unconstitutional on similar grounds.

“We are excited for the opportunity to get into court right after the election, if necessary. Not only would this proposed abortion amendment be a disaster for policy reasons, but it would also undermine trust in our democratic processes because of the flawed and deceptive means by which it will have passed. We cannot allow that to happen.”

Josh Hetzler, Executive Director, Founding Freedoms Law Center


A Parallel Suit on the Marriage Amendment

Last week FFLC also filed suit in Prince William County Circuit Court on behalf of Pastor Ben Purves. It challenges, on the identical procedural grounds, the proposed constitutional amendment that seeks to redefine marriage and insert gender ideology language, which is also on the November 3 ballot.


Vote Tuesday, November 3. Polls are open 6:00 AM to 7:00 PM. Make your plan to vote and encourage your friends and neighbors to do the same.

Source: “Lawsuit against Amendment #1 Moves Forward” by Sheila M. Furey, MD, Virginia Medical Freedom Alliance (Oct. 27, 2026), sharing an Oct. 26 update from Victoria Cobb.