RICHMOND, Va. (WRIC) — Virginia Democrats’ push to enshrine the right to an abortion in the state constitution was rejected by a Republican-led panel.

The constitutional amendment from Del. Charniele Herring (D-Alexandria) aims to provide “the fundamental right to reproductive freedom” in the state code after the U.S. Supreme Court overturned Roe v. Wade last June.

The House of Delegates Courts of Justice subcommittee voted down Herring’s proposal Monday, which if passed two years in a row would have allowed Virginia voters to decide whether to include abortion access in the constitution.

An identical measure in the Virginia Senate, proposed by state Sens. Jennifer McClellan (D-Richmond) and Jennifer Boysko (D-Loudoun), is expected to advance out of the Democratic-controlled chamber. But Monday’s vote from the GOP-led subcommittee shows the effort is likely to fail.

Under current state law, abortions are allowed up until the end of the second trimester of pregnancy — or about 26 weeks — and only after that point when three doctors conclude it would likely “result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.”

With the end of Roe, abortion access was expected to be a top issue during the 2023 General Assembly session. With the legislature divided, substantial changes to abortion access in Virginia this year is improbable.

Senate Democrats used their majority to kill three different proposals from Republican lawmakers to restrict abortion. GOP lawmakers claimed the constitutional amendment from Herring would have removed all restrictions on abortions.

Democrats disputed those claims, saying the proposed constitutional amendment would make way for abortion access “without interference or discrimination” and ensure legal protections for providers.

The House subcommittee voted 5-3 Monday to pass Herring’s proposed amendment “by indefinitely,” which effectively kills the measure this year.

“It is a terrible day when women and people who are pregnant can’t get the consideration they need to ensure their rights,” Del. Herring tweeted after Monday’s vote. “I will continue to fight against rolling back reproductive rights.”