Del. Dave LaRock, R-Hamilton, recently proposed legislation that would outlaw abortions after 20 weeks. The bill would make it a felony for doctors to perform an abortion after period except in cases of emergency.
The current statute in Virginia allows termination to occur until the end of the second trimester — around 24 to 25 weeks.
“We value the lives of all people,” LaRock said in an email. “That includes young and old, men and women, those very independent and those much less so. As we learn about what's really happening, it’s appropriate to incorporate that into our legal standards of how we treat each other as human beings. It’s good when our laws promote respect of life, including the life of the unborn.”
Although evidence suggests that babies may experience physical sensation and pain earlier than 20 weeks, LaRock said limits to current methods of observation allow researchers to conclusively pinpoint pain only at the 20 week mark.
“We’ve known for a while that babies in the womb feel pain,” LaRock said. “For example, doctors observe babies move away from the pain of stimulation of fetal surgery. There’s a good reason 64 percent of Americans support a 20 week ban — the voice of decency tells us that when we can act to protect a defenseless baby from experiencing intense pain, we ought to.”
Rachel Thomas, traveling press secretary for Gov. Terry McAuliffe, said McAuliffe opposed the proposed bill because such legislation would hinder state development.
“In regard to the specific bill, [McAuliffe] said if it reaches his desk, he would veto it immediately,” Thomas said. “The Governor believes that this is a critical issue in building and growing a new Virginia economy, which is what he focuses on every single day. We cannot bring in the best entrepreneurs, business owners and students if we’re putting laws up around Virginia that would prevent 50 percent of the population from wanting to live here.”
Thomas also said McAuliffe believes the proposed legislation would infringe upon the rights of women.
“[McAuliffe] said on his campaign, he would be a brick wall against any further erosion against women’s rights or women’s access to healthcare,” Thomas said.
The Virginia Senate Committee on Education and Health defeated three Democratic bills relating to abortion rights on Jan. 29.
The first, proposed by Sen. Mamie Locke, D-Hampton, would have repealed Virginia’s mandatory ultrasound law. Sen. Jennifer Wexton, D-Loudoun, proposed a second bill which would have repealed the mandatory waiting period between an ultrasound and an abortion. The third, proposed by Sen. Donald McEachin, D-Henrico, would have permitted women to spend private dollars on private insurance coverage for abortion.
Dr. Chris Chisholm, associate professor of obstetrics and gynecology, said that laws related to abortion are under state control and vary widely across the country.
“There are a number of different bills that are proposed in terms of potential regulation,” Chisholm said. “What is the case in Virginia may not be the case somewhere else.”
LaRock said the Supreme Court’s Roe v. Wade case allowed for abortion through all nine months of pregnancy in all 50 states. However, 10 states have already adopted similar versions of the proposed pain-capable protection law and no longer allow abortion through all nine months.
Chisholm also said the argument is very sensitive, and generates significant moral and legal questions.
“I think that it becomes a slippery slope when medical care is legislated,” Chisholm said. “The law cannot keep up with changes in medical practice in almost anything.”
Legislation similar to LaRock’s proposal is not uncommon while the General Assembly is in session, Chisholm said.
“Usually a series of bills specifically aimed at limiting or restricting aspects of women’s access to abortion services will be proposed,” Chisholm said.
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