Virginia voters approved a constitutional amendment Tuesday night that adds a fundamental right to reproductive freedom to the state constitution, including protections for abortions.

With most precincts reporting, the measure passed with roughly 61 percent of the vote, according to multiple news outlets. The amendment also protects contraception, fertility care, and providers from legal penalties.

The new language permits the state to regulate third-trimester abortions but requires exceptions when a physician determines the procedure is needed to protect the patient's life or physical or mental health, or when the fetus is not viable. Current Virginia law already allows abortions through the second trimester and imposes stricter requirements for third-trimester cases.

Supporters argued the change locks in personal medical decisions regardless of future political shifts. Critics contended the broad wording could expand late-term abortions and invite lawsuits against existing safety regulations.

The amendment was one of three constitutional questions on the ballot. The others, addressing same-sex marriage and automatic restoration of voting rights for felons, also passed.

A legal challenge to the reproductive rights measure remains pending. A hearing is scheduled for November 13 in Tazewell County court on a request to block certification of the results.

The amendment would take effect January 1, 2027, if certified. Governor Abigail Spanberger, a Democrat, welcomed the outcome as preserving decisions between patients and doctors.