A Tumultuous Finish to the 2026 Virginia General Assembly Regular Session
As the 2026 session of the Virginia General Assembly comes to a close, it’s appropriate to pause and thank the many supporters, advocates, and organizations who remained proactive, vigilant, and engaged throughout this fast-moving legislative season. Their efforts mattered.
Because of sustained engagement and persistent advocacy, several significant proposals were stopped in committees and never reached either the House or Senate floor. That momentum cannot be overstated—it sent a clear message to lawmakers that citizens across the Commonwealth are paying attention.
Still, the 2026 session proved to be one of the most intense and ideologically charged in recent memory. It was filled with remarkable moments—from the punishment of Delegate Tim Griffin (R) for defending unborn life by preventing him from speaking on the House floor, to the Virginia Education Association testifying on all kinds of legislation unrelated to education such as data centers and the investment tax credit, to Democrat Delegate Jessica Anderson openly calling Republicans “liars” on the House floor.
From the opening days of the session, Democratic leadership set an aggressive pace, introducing sweeping proposals that touched on some of the most deeply debated cultural and policy issues in Virginia. Questions surrounding the sanctity of life—from conception to natural death—along with marriage, education policy, and gender ideology dominated the legislative conversation. At the same time, proposals affecting vulnerable communities—including expanded gambling and the possibility of a sixth casino in Northern Virginia—added to the contentious atmosphere.
As lawmakers adjourned, one major issue remained unresolved: the state budget. Negotiators on the conference committee were unable to reach agreement on Virginia’s biennium spending plan before adjournment. As a result, legislators will return to Richmond on April 23 for a special session to finalize the Commonwealth’s budget.
Below is a roundup of some of the session’s most significant issues for The Family Foundation.
Sanctity of Life
The 2026 session began with a renewed push to expand abortion access through multiple legislative avenues. Proposals ranged from a constitutional referendum to enshrine unlimited abortion in the state constitution, to a statutory “right to contraception” that includes abortion-inducing drugs, to restrictions targeting pro-life advocacy near abortion facilities.
The most consequential proposal was a bill to amend the state constitution. HJ1/SJ1, introduced by Delegate Charniele Herring (D-Arlington) and Senator Jennifer Boysko (D-Fairfax), would allow abortion at any stage of development, by anyone regardless if that person has a medical license, and without any meaningful safety protections for mothers.
They would legalize abortion up to the moment of birth, eliminate parental consent protections, and strip away reasonable health safeguards. With fewer protections, Virginia could see abortion numbers increase well beyond the more than 38,000 abortions already performed annually—especially as the Commonwealth increasingly positions itself as a regional destination for abortion services.
Attempts were made by Senators Tara Durant (R-Fredericksburg), Emily Jordan (R-Suffolk) and Glen Sturtevant (R) to add common-sense amendments. One amendment would have recognized infants who survive abortion attempts as legal persons entitled to full medical care. Another would have required parental consent for minors seeking abortions. Both amendments were rejected by the Democratic majority before the measure ultimately passed the Senate.
The amendment will be before Virginia voters in the upcoming November 2026 elections.
Separate legislation also addressed contraception access. HB6 and SB396 establish a statutory “right to contraception,” allowing individuals to obtain contraceptives – and even sterilization – without parental consent and without explicit age limitations. However, the legislation’s definition of contraception includes drugs that can induce abortion, such as Plan B and Ella. Combined with Virginia’s broad definition of “healthcare provider,” minors could potentially bypass their primary physician in order to obtain these drugs.
Another controversial measure, SB137 introduced by Senator Stella Pekarsky, would impose criminal penalties, including up to a year in jail, for certain forms of interference near abortion facilities. Critics widely interpreted the bill as targeting sidewalk counseling and other peaceful pro-life advocacy. After the House adopted a substitute version, the Senate rejected those changes and sent the bill to a conference committee for further negotiation.
What makes this proposal even more concerning is that it appears to protect only one viewpoint. Pregnancy resource centers—many of which provide free services and alternatives to abortion—have been targets of vandalism and harassment by militant pro-abortion groups, yet the bill provides no comparable protections for them.
Not all proposals advanced. Legislation to legalize physician-assisted suicide—SB359 and HB886—again surfaced this year but ultimately stalled. SB359 narrowly failed in committee after concerns were raised about troubling outcomes in jurisdictions that have adopted similar laws, including Canada. HB886 was continued to the 2027 session after supporters anticipated a similar outcome in the Senate.
Meanwhile, several pro-life measures introduced by Republican lawmakers were defeated in committee. These included:
• HB719 – requiring public schools to include high-definition ultrasound videos and fetal development education in health curriculum.
• HB531 – ensuring infants born alive after abortion attempts receive the same level of medical care as any other newborn.
• HB542 – requiring written information about newborn safety devices as part of informed consent.
Marriage
After years of attempts, the General Assembly passed resolutions to amend the state constitution by repealing existing language defining marriage as between one man and one woman.
However, SJ3 and HJ3, introduced by Senator Adam Ebbin (D) and Delegate Mark Sickles (D), go further. The proposed amendment would separate “sex” and “gender” in the Virginia Constitution for the first time. This change could provide legal grounds for courts or policymakers to expand gender-identity-based policies, including allowing biological males to compete in female athletic competitions.
Education Policy Battles
Education remained another major front during the 2026 legislative session. Parents, educators, and advocacy organizations closely followed proposals affecting both public and private schools.
Delegate Dan Helmer introduced several controversial bills. Among them, HB359 would have imposed new regulatory requirements on private schools participating in scholarship tax-credit programs—including mandates involving curriculum standards, testing requirements, licensing, and religious instruction.
We warned the bill could effectively force private schools to resemble public-school models. After significant opposition from parents and educators across the Commonwealth, the measure was continued to the 2027 session.
Meanwhile, HB1499 and SB19—patroned by Delegate Destiny LeVere Bolling and Senator Mamie Locke—addressed sexually explicit materials in school libraries. The legislation requires schools to notify parents only when sexually explicit material is assigned in class, not when such material is simply available in classrooms or libraries. The bill also restricts schools from implementing policies that remove sexually explicit materials from their collections. Both measures have advanced to the governor’s desk.
Another proposal, HB355, directs the School Health Services Committee to collaborate with the Virginia Department of Education to study best practices for annual mental-health screenings for students in grades 6–12. While supporters argue this could improve early identification of mental-health concerns, opponents have raised concerns about student data privacy and how such sensitive information might be stored or used.
Gender Identity and Parental Rights
Legislation concerning gender identity and parental authority in schools also generated significant debate.
Delegate Karen Hamilton (R) reintroduced HB532—commonly referred to as “Sage’s Law”—for the third consecutive year. The bill sought to strengthen parental notification requirements when schools take actions related to a student’s gender identity. Emotional testimony from advocates on both sides underscored the deeply personal nature of the issue. The bill was ultimately tabled in committee.
Similarly, HB721 introduced by Delegate Eric Zehr (R) would have given parents the ability to opt their children out of instruction related to gender identity or sexual orientation without academic penalties. This measure was also tabled.
On the other hand, HB614—introduced by Delegate Sam Rasoul (D)—directs the state to review History and Social Science Standards of Learning to ensure they reflect the contributions of various groups in American history. Earlier versions explicitly referenced LGBTQ+ inclusion, but that language was removed in the final substitute before the bill passed both chambers. While the current version is less concerning than earlier drafts, it remains an area worth monitoring.
Gambling Expansion and Marijuana Legalization
Perhaps the most unusual alliances of the session emerged around gambling legislation. While partisan divisions remained sharp on many issues, gambling expansion produced unexpected coalitions across party lines.
SB756, introduced by Senator Scott Surovell (D), would authorize a sixth casino in Northern Virginia—specifically in Fairfax County. The proposal faced significant resistance from Fairfax residents, social conservatives, and even some Northern Virginia Democrats. Critics noted that the county’s Board of Supervisors had not requested authorization to host a casino.
Two additional measures—SB118 and HB161—sought to legalize and regulate internet gaming in Virginia. These bills would authorize the Virginia Lottery to issue licenses to casino operators for online gambling platforms, with substantial licensing fees and a 20 percent tax on adjusted gross revenue.
Both bills experienced dramatic legislative twists. SB118 initially failed in the Senate by a single vote before a reconsideration motion revived it. HB161 followed a similar path in the House, ultimately passing after a second vote later in the same day.
However, differences between the bills, including a reenactment clause requiring HB161 to be passed again by the 2027 General Assembly and preferred by the House, sent them to a conference committee. After extensive lobbying and debate, the bills ultimately failed to emerge from conference, delivering a small, though possibly temporary, victory.
Marijuana legalization also returned to the agenda. The General Assembly passed SB542 and HB642 establishing a regulated retail marijuana market in Virginia. If enacted, retail sales could begin as early as January 1, 2027, depending on implementation timelines. The legislation establishes licensing categories for cultivation, processing, transportation, and retail operations while coordinating oversight between the Virginia Alcoholic Beverage Control Authority and the Virginia Cannabis Control Authority.
Looking Ahead
With adjournment of the 2026 session, the work of the General Assembly is far from finished. On April 22, the General Assembly returns to take action on any vetoes or amendments to bills passed by the legislature.
(Note: under the state constitution, if the Governor does not sign, veto, or amend a bill, the bill automatically becomes law.)
The failure to finalize a biennium budget ensures legislators will return to Richmond on April 23 for a special session to complete the Commonwealth’s spending plan. During that session, lawmakers may also revisit legislation still pending in conference committees—including the internet gaming proposals.
Every legislative cycle brings new challenges—or old challenges renewed. This year was no exception. Yet the outcomes of this session also remind us that legislative change rarely happens overnight. It is the result of sustained advocacy, public engagement, and persistent policy work.
The issues debated during the 2026 session—life, education, parental authority, and the future direction of Virginia’s economy—will not disappear when legislators leave Richmond. They will continue shaping the Commonwealth’s political and cultural landscape long after the final gavel falls.
