Virginia Abortion Law: Overturned, But Battle Rages On

On February 7, 2024, the Virginia House rejected a bill that would have instituted a near-total abortion ban. This was not the first time such a bill was defeated in Virginia. In 2023, Virginia Senate Democrats defeated several bills that would have restricted abortion access in the state, including a proposed 15-week ban with exceptions. The state's abortion laws have been a topic of contention for years, with Democrats and Republicans offering differing proposals and amendments.

Virginia Democrats defeated bills limiting abortion access

On February 7, 2024, Virginia Democrats defeated a bill that would have instituted a near-total abortion ban. The bill was rejected by a House subcommittee on a bipartisan 8-0 vote. This vote marked a fulfillment of the Democratic Party's campaign trail pledge to protect abortion rights in Virginia, which has some of the South's most permissive abortion laws.

The defeated bill was sponsored by Republican Tim Griffin, who faced questions about the implications of his bill for miscarriage care and rape victims. In response, Griffin stated that the bill was about "protecting unborn children and women." On a party-line vote, Democrats on the same panel also voted down a separate bill that would have prohibited abortions sought based on the fetus's sex or race.

Virginia's legislative history regarding abortion reflects a continual evolution of laws and regulations that have shaped access to reproductive healthcare. In the late 1800s, the state had bans on abortion with therapeutic exceptions, allowing abortions when the mother's life was in danger. Over time, pivotal legal shifts reshaped Virginia's abortion landscape, with significant reforms in 1970 to align its laws with evolving legal standards.

In 2023, Democrats retook full control of the General Assembly after campaigning on abortion rights. This followed Governor Glenn Youngkin's promise to institute a 15-week abortion ban if Republicans gained a majority. The future of Virginia's abortion laws remains uncertain, with every legislative seat up for election in the fall.

The bill would have allowed abortions in certain cases

In February 2024, the Virginia House rejected a bill that would have instituted a near-total abortion ban. The bill, sponsored by Tim Griffin, a freshman Republican from Bedford, was rejected by a House subcommittee on a bipartisan 8-0 vote. The bill would have prohibited abortions except in cases necessary to save the mother's life.

Griffin faced questions about the implications of his bill for miscarriage care and rape victims. He responded that the bill was about "protecting unborn children and women". The bill's rejection marked a fulfillment of the Democratic Party's campaign trail pledge to protect abortion rights in Virginia.

Virginia's legislative history regarding abortion reflects a continual evolution of laws and regulations that have shaped access to reproductive healthcare. In the late 1800s, the state, like many others, had bans on abortion with therapeutic exceptions. These exceptions allowed abortions when the mother's life was in danger, aiming to reduce fatalities from unsafe procedures.

Over time, pivotal legal shifts reshaped Virginia's abortion landscape. In 1970, Virginia made significant reforms to its abortion laws, following the American Law Institute's Model Penal Code. This marked a shift in the state's approach to reproductive rights, aligning its regulations with evolving legal standards.

In 1975, the US Supreme Court delivered a pivotal ruling in Bigelow v. Virginia, declaring state bans on abortion clinics advertising their services unconstitutional. This decision ensured that abortion providers in Virginia and across the country could openly communicate and provide information about their services to the public.

In 2020, Governor Ralph Northam signed bills removing certain abortion-related regulations. These bills eliminated requirements such as mandatory ultrasounds and social counseling 24 hours before the procedure. They also expanded the range of healthcare professionals authorised to perform first-trimester abortions.

Currently, Virginia prohibits abortions in the third trimester, except when continuing the pregnancy poses an imminent danger to the woman's life, as certified by a physician. This requires the certification of three doctors if terminating the pregnancy is deemed necessary due to the likelihood of the patient's death or substantial and irremediable impairment to her mental or physical health.

The bill was labelled 'infanticide' by critics

The Virginia abortion bill, which failed to be voted out of subcommittee, has sparked a conservative outcry. The bill, which would have removed restrictions on late-term abortions, was labelled as infanticide by critics.

Under the proposed bill, abortions would have been allowed at any point in the pregnancy up until childbirth in certain cases. This would have included situations where the mother's physical or mental safety was at risk, or in cases of nonviable pregnancies or severe foetal abnormalities. The bill also sought to reduce the number of doctors required to sign off on the procedure from three to one.

Critics, including US President Donald Trump, claimed that the bill would have allowed infanticide. Trump stated that the bill would "energise" his supporters and the "whole pro-life movement". The Republican caucus in the Virginia House of Delegates tweeted that the bill would have allowed abortions "up to just seconds before that precious child takes their first breath".

The bill's sponsor, Democrat Ralph Northam, defended the measure, stating that it would allow termination in cases of "severe deformities" or when the foetus is not viable outside the womb. He emphasised that the bill was about giving physicians the ability to make medical judgments in difficult circumstances.

The debate around the Virginia abortion bill reflects the contentious nature of reproductive rights in the United States, with strong opinions held by both pro-choice and pro-life supporters.

Democrats campaigned on a promise to protect abortion access

Democrats have been campaigning to protect abortion access in the US, with the issue taking centre stage in the 2024 elections. In Virginia, Democrats defeated several bills that would have restricted abortion access in the state. This included a proposed 15-week ban with exceptions, which was a priority for Republican Governor Glenn Youngkin. The votes mean that, barring any unexpected procedural moves, restrictions on abortion are unlikely to be enacted this year in Virginia.

Virginia Democrats have promised to defeat any effort to curtail abortion access. In 2020, when Democrats were in full control of the state government, they expanded abortion access and eased certain clinic restrictions, pledging to make Virginia a "safe haven" in the South. This year, they are attempting to advance a proposal to enshrine a "fundamental right to reproductive freedom" in the state Constitution.

The Democratic Party's commitment to protecting abortion access is evident in their actions at both the state and national levels. At the national level, more than 250 congressional Democrats urged the Supreme Court justices to protect access to the abortion pill mifepristone. Led by Rep. Katherine Clark, the second-highest-ranked Democrat in the House, they are fighting to ensure that reproductive justice is accessible to all.

However, despite their efforts, Democrats face significant challenges in their quest to protect abortion access. In a 50-50 Senate, any effort to pass legislation codifying abortion access nationwide would require 60 votes, which is unlikely given the current political landscape. Additionally, ending the filibuster, which would be necessary to bypass the 60-vote requirement, is also highly unlikely.

Nevertheless, Democrats remain steadfast in their commitment to reproductive rights and are taking the fight to the ballot box, where they believe they will be successful. They understand that state control over reproductive rights threatens fundamental freedoms, and they are determined to push back against Republican plans for a federal ban on abortion.

The bill was defeated in a subcommittee vote

On February 7, 2024, a bill that would have instituted a near-total abortion ban in Virginia was defeated in a subcommittee vote. The bill, sponsored by Republican Tim Griffin, was rejected on a bipartisan 8-0 vote. The vote was the first decisive legislative vote in Virginia since the Supreme Court's decision in 2022 to overturn Roe v. Wade.

The bill would have prohibited abortions except in cases necessary to save the mother's life. Griffin stated that the bill was about "protecting unborn children and women". However, he faced questions about the implications of the bill for miscarriage care and rape victims.

The vote was a victory for abortion rights advocates in Virginia, who had campaigned on a promise to protect access to abortion in the state. Virginia currently has some of the most permissive abortion laws in the South, allowing abortions during the first and second trimesters. The procedure is permitted during the third trimester only if multiple physicians certify that continuing the pregnancy is likely to result in the mother's death or significantly and irreparably harm her mental or physical health.

The defeat of the bill means that, barring an unexpected procedural move, restrictions on abortion are unlikely to be enacted in Virginia this year. This outcome is in line with the state's history of evolving laws and regulations that have shaped access to reproductive healthcare.

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