Virginia Gov. Glenn Youngkin (R) just got one step closer to making his promised 15-week abortion ban a reality.
State Representative Kathy Byron (R) introduced a bill to ban 15-week abortions on Wednesday, the first day of the 2023 state legislative session. House Bill 2278 carries criminal penalties for doctors who provide abortions of up to 10 years in prison and/or a $100,000 fine. It includes narrow exceptions for rape, incest and the life of pregnant women.
“Delegate Kathy Byron made good on Gov. Glenn Youngkin’s promise to try to ban abortion in Virginia by introducing this proposed law, which would harm Virginians and put politicians where they don’t belong: control over personal medical decisions,” Jamie Lockhart, Planned’s executive director Parenthood Advocates of Virginia, said in a statement.
Youngkin, a possible 2024 presidential candidate, introduced the idea of a 15-week abortion ban in December when he allocated $50,000 to establish the ban in his state budget proposal.
When the governor campaign as a moderate on reproductive rights in 2021, he took a tougher line when he took office.
“I am proud to be a pro-life governor and plan to take all the actions I can to protect life,” Youngkin said in a statement after the Supreme Court overturned Roe v. Wade last year.
Youngkin started saying that he would “with joy and gladness” sign any anti-choice bill that passes the legislature.
“Governor Youngkin kept his promise, and under Dobbs, the voice of the people must continue to be heard in the Assembly,” said Marjorie Dannenfelser, president of the anti-abortion group Susan B. Anthony Pro-Life America, in a statement, referring to the Supreme Court ruling that overturned the federal abortion rights. “We are prepared to fight to protect babies from the pain of abortion and MPs need to tell voters where they stand.”
The good news for abortion rights advocates is the Democrats critical win state Senate seat in Tuesday’s special election — effectively killing any chance for the 15-week ban or other abortion restrictions to make it to Youngkin’s desk this session. Democrat Aaron Rouse defeated Republican Kevin Adams, who said he would support a 15-week ban. It’s a tight race: the border Rouse stood on 348 votes from Wednesday afternoon. Adams has admitted.
Rouse’s victory cemented a 21-18 Democratic majority in the state Senate, even though one of those Democrats is anti-abortion.
Although the 15-week abortion ban was inevitable, Youngkin and some staunch Republicans in the state legislature pressed ahead with the restriction. Lockhart, of Planned Parenthood Advocates of Virginia, told HuffPost that the push would appeal to a national audience ahead of Youngkin’s 2024 presidential bid.
“A lot of this is him trying to appeal to the national anti-abortion extremists in his party,” he said.
Since the Supreme Court repealed Roe v. Wade last summer, nearly a dozen countries have enacted a near-total ban on abortion. Although a 15-week ban is more moderate than a total ban, it still has a major impact on Virginians and patients from neighboring states seeking treatment.
More than 95% of abortions in Virginia are performed before the 15-week point. But often people who seek an abortion after 15 weeks are the most marginalized: They are under 18 years old, have low incomes and/or live in rural areas with barriers to care. Also, genetic testing for fatal fetal abnormalities is often not done until 18 or 20 weeks. A 15-week abortion ban would force people with an intended pregnancy who discover a fetal abnormality to seek the medical care they need outside of Virginia.
Virginia now allows abortion through the second trimester of pregnancy and into the third if the mother’s life is at risk. In addition, it is one of the few countries that allows abortion after 28 weeks of pregnancy, making it a safe place to have an abortion later in pregnancy.
“Let’s be clear: a ban is a ban, plain and simple,” Lockhart said. “Like all restrictions, Delegate Byron’s proposed bill would deny Virginians the fundamental right to control their bodies, lives, and futures. Public opinion — and last night’s special election results in Virginia’s seventh senate district — are clear: Virginians support safe abortion and legal.