This is the third installment of a series analyzing the historic race between Lt. Gov. Winsome Sears and former Rep. Abigail Spanberger. Read Part One and Part Two.
In the first Virginia governor’s race since the fall of Roe v. Wade, abortion access has emerged as one of the starkest dividing lines between Republican Lt. Gov. Winsome Sears and former Democratic Rep. Abigail Spanberger. Sears, a vocal opponent of abortion, has aligned herself with proposals to restrict access, signaling support for a 15-week ban and increased parental consent laws. Spanberger has positioned herself as a bulwark against further rollbacks, promising to oppose new restrictions and protect access to contraception.
Their clash reflects not only the ideological divide between the two candidates but also the high stakes for Virginians navigating a shifting legal landscape. Since the U.S. Supreme Court overturned Roe, Virginia has become a key Southern battleground, maintaining fewer restrictions than neighboring states. As national groups pour money into the race and voters weigh the candidates’ positions, reproductive rights could once again prove to be a decisive issue in determining the state’s political direction.
Virginia currently allows abortion through the second trimester of a pregnancy, which is nearly 27 weeks. North Carolina limits abortion at 12 weeks, South Carolina and Georgia at six weeks, and Tennessee has a total ban on abortion with the exception of the mother’s life being at risk.
“Virginia is the only state in the South that hasn’t passed further restrictions on women’s reproductive healthcare since the Supreme Court overturned Roe v. Wade,” Spanberger said in a statement to Virginia Scope. “But elsewhere in the South, we have seen extreme politicians and judges restrict access to contraception, jeopardize the health and safety of women, and undermine families’ right to privacy.”
Sears declined to provide a comment for this story.
Spanberger has made reproductive rights a central theme of her campaign, frequently emphasizing her commitment to preserving access to abortion and contraception in Virginia. She’s framed the race as a critical choice for voters who want to keep the state from following neighboring Southern states in enacting stricter bans.
In September, on the second anniversary of the Supreme Court overturning Roe v. Wade, Spanberger released a statement calling for its codification.
“We must recommit ourselves to codifying Roe v. Wade and resisting all attempts to turn back the clock on women’s rights,” she said. “As lawmakers, we must protect the right to choose — and all the fundamental freedoms that we hold dear.”
Sears has long aligned herself with the conservative wing of the Republican Party on abortion, backing proposals to impose new limits on the procedure in Virginia. During her 2021 lieutenant governor campaign, she drew criticism for expressing support for Texas-style six-week bans, a stance that energized anti-abortion advocates and alarmed abortion rights supporters.
While she’s recently focused more on parental consent and a potential 15-week limit, Democrats argue her record signals a willingness to go further if Republicans gain control of state government. For Sears, the issue is also personal—she often invokes her evangelical Christian faith and her belief that the state has a duty to protect the unborn.
Democrats frequently highlight comments Sears made in 2021, when she expressed support for a Texas law that bans abortion after six weeks.
“Well, I can tell you that would be me, that I would support it,” she said during the 2021 interview with Newsmax.
After the Newsmax interview, Sears largely remained out of the media spotlight for the remainder of the 2021 campaign. She was ultimately elected alongside her Republican running mates, Gov. Glenn Youngkin and Attorney General Jason Miyares.
In 2022, after Roe was overturned, Sears endorsed a 15-week abortion restriction, aligning with Youngkin’s push at the time. However, she refrained from retracting her earlier support for a Texas-style heartbeat ban.
“I’m not sure that I’m walking that back. I’m just saying 15 weeks,” she told WRIC. “Let’s do the 15 weeks.”
While Republicans failed to pass the 15-week restriction in the General Assembly, Democrats, including Spanberger, remain steadfast in their commitment to defending abortion access in Virginia.
“I know that Abigail Spanberger will defend the right of Virginians to make their own personal healthcare decisions,” said Jamie Lockhart, the Executive Director of Planned Parenthood Advocates of Virginia. “We see that from her time in Congress and her vocal support for the proposed amendment to Virginia’s Constitution.”
Democrats in the General Assembly have started the process to enshrine the right to an abortion into the Virginia Constitution.
The amendment proposal, sponsored by House Majority Leader Charniele Herring, D-Alexandria, and Sen. Jennifer Boysko, D-Fairfax, states that “every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one’s own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.”
Republicans sought to change the amendment by adding language that would mandate life-saving care for any baby that survives an abortion. Infanticide is already classified as a felony under Virginia state law, but the Republican proposal aimed to enshrine this provision into the state Constitution.
Sears delivered the keynote address at the March for Life in Richmond earlier this month. While she did not directly state whether she supports adding restrictions to Virginia’s abortion laws, she criticized Democrats for blocking the proposed change to the constitutional amendment.
“The amendment simply said, if the baby is born alive after an abortion, then the baby is now a patient. The baby is now a patient in deserving of healthcare, and they voted it down,” Sears said to the crowd. “They voted it down, and tears came to my eyes when I put the vote, and they voted against it.”
Lockhart says that Republicans are using fear-mongering when they talk about killing a baby that has been born alive.
“They’re making up a problem to try to make it sound like something happens that doesn’t happen,” Lockhart said. “Really just to stoke fear. It’s wrong. It’s irresponsible to suggest that happens.”
Victoria Cobb, president of the Family Foundation of Virginia, sharply criticized Democrats during her speech at the March for Life.
Speaking about the constitutional amendment, Cobb said, “During the process, a small change was offered to this barbaric abortion amendment, clarifying that if a baby was born alive during a botched abortion, the child should be entitled to have the same legal protections that you or I have. Surely this common-sense protection would be added in. But no, it was rejected.”
To amend the Constitution, the proposal must pass the General Assembly in two consecutive sessions, with an election in between, before being put to a public referendum for approval by Virginia voters. The General Assembly passed it earlier this year, completing the first step. House elections take place in November.
Although governors do not play a direct role in constitutional amendments, Spanberger told Virginia Scope that she supports the change.
Democrats view reproductive care as a key issue, as evidenced by their use of legislative tactics during the General Assembly session to force Sears into publicly taking a stance on a related vote.
Democrats in the state Senate forced Sears to cast a tie-breaking vote against a bill involving a woman’s right to contraception. The bill would have guaranteed a right to obtain and use birth control in Virginia.
To set up the move, Democrats, who had a 21-18 majority in the chamber that day due to a missing Republican, created a 19-19 vote by having Sen. Lashrecse Aird, D-Petersburg, abstain and Sen. Jeremy McPike, D-Prince William, vote against the bill.
The rest of the Democrats voted in support, and all of the Republicans voted against it.
Sears was then forced to do one of her two constitutionally mandated duties: cast a tie-breaking vote.
She voted against it and killed the bill.
The rule that permits a member who voted against a bill to request it be reconsidered allowed McPike to bring it back up for a vote.
The chamber, as tradition dictates, voted in support of reconsideration, bringing the bill back for a vote. All Democrats voted in favor of the legislation on the second try, passing it 21-18.
Democrats immediately attacked Sears for her vote. Democratic Party of Virginia Chairwoman Susan Swecker issued a statement after, saying Sears “proved once again that she will not protect women’s freedom to make personal medical decisions.”
The governor amended the bill, but the General Assembly rejected his proposals.
Youngkin has until May 2 to either veto or sign it.
Spanberger told Virginia Scope that she would sign legislation ensuring the right to birth control.
When asked, Spanberger did not indicate whether she would support less restrictive abortion laws in Virginia, but she emphasized her opposition to government interference in personal healthcare decisions.
“I believe Virginians deserve leaders who will stand up for their fundamental freedoms,” Spanberger said. “I find it unacceptable that some politicians believe they’re entitled to dictate families’ personal healthcare decisions.”
Part four, which will look at fundraising and strategy in the race, will be available Monday. Read Part One and Part Two.
–Sears and Spanberger Part 1: Their path to a historic matchup
–Sears and Spanberger Part 2: Education takes center stage in Virginia governor’s race