CHARLESTON, W.Va. — A bill that would ban abortions at 20 weeks was introduced Tuesday in the West Virginia House of Delegates.
House Bill 2568, named the “Pain-Capable Unborn Child Protection Act,” was sponsored by Delegate Kelli Sobonya, R-Cabell. It was co-sponsored by 10 other delegates, including Delegate Anna Border-Sheppard, R-Wood.
The purpose of this bill is to protect unborn children who are capable of experiencing pain by prohibiting abortion after 20 weeks post-fertilization except when the mother has a medical emergency or could die if the pregnancy continues, based on reasonable medical judgment, according to a summary of the bill.
A similar bill was passed last year, with abortions performed after 22 weeks, which was eventually vetoed by Gov. Earl Ray Tomblin. At the time, the governor said the bill was unconstitutional and was problematic because it unduly restricted the physician-patient relationship.
Patty Cooper of Wood County Right to Life said this bill is pretty much the same bill that was passed last year.
”It should pass again,” she said. ”It has the support.”
The difference is with the new Republican majority in the state Legislature, Cooper is hopeful the support is in place that could overturn any potential veto.
”We hope it is veto proof this time,” she said.
While similar bans are on the books in 13 states, two are being challenged in lower courts.
Many lawmakers who voted for the bill last year felt the governor should have signed the bill and let any issues of constitutionality be handled in the courts, she said.
”There is only one way to see and that is to pass it,” Cooper said.
Melissa Reed, vice president for public affairs with Planned Parenthood Health Systems, said the organization is concerned about this bill.
“Abortion is a deeply personal, often complicated decision for a woman to make,” she said. ”These decisions should be made by a woman in consultation with her family and her doctor.”
Abortions later in the pregnancy are rare and usually involve issues with the baby that make a healthy pregnancy unlikely, Reed said.
”These women need support, not additional barriers to safe health care,” she said.
Jennifer Meinig, executive director of the American Civil Liberties Union of West Virginia, said laws banning abortion before viability, like House Bill 2568, are unconstitutional.
”The Supreme Court’s decisions in Roe v. Wade and subsequent litigation have held that a state may not ban abortion before viability, and a state may ban abortion after viability only if there are exceptions to protect the woman’s health and life,” Meinig said.
“House Bill 2568 does not include an exception for rape or incest. Similar legislation was tabled last week in Congress because GOP representatives in the House were appalled at the lack of protections for women,” she said.
”House Bill 2568 is the West Virginia version of that bill and as such, equally radical and unfair to women.”
Every pregnancy is different and each woman needs the best medical care available to her in every situation, especially if she has a high-risk pregnancy, Meinig said.
”A woman, her family and health care provider are in the best position to make these important medical decisions, not the government,” she said.
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