Virginia House advances constitutional amendment for right to reproductive freedom

The House of Delegates passed an amendment Tuesday that would enshrine the right to reproductive freedom into the Virginia Constitution.

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Virginia House advances constitutional amendment for right to reproductive freedom

The House of Delegates passed an amendment Tuesday that would enshrine the right to reproductive freedom into the Virginia Constitution.

The amendment proposal, sponsored by House Majority Leader Charniele Herring, D-Alexandria, states that “every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one’s own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.”

The amendment still allows the commonwealth to regulate abortion in the third trimester but not when a life is in jeopardy.

“If it is needed to save the life of the mother, then an abortion can take place,” Herring said.

The amendment would also reduce the number of physicians to sign off on a third-trimester abortion from three to one in the third trimester.

Herring said during a press conference in November that the reduction of doctors necessary is included in the proposal because of how hard it is to find three physicians in some parts of the commonwealth to sign off on an abortion operation, which would only be happening in the third trimester due to a health complication for the mother during what is often an urgent situation.

The amendment casts some confusion on whether the amendment would invalidate the parental consent law, which requires anyone under 18 to get permission from an adult in their household.

In November, the Privileges and Elections Committee’s legal counsel said it would likely be an issue that would be settled in the courts.

“Does it apply to minors?” Del. Mark Earley Jr., R-Chesterfield, asked during the debate on the floor on Tuesday.

“This is consistent with our code language regarding individuals,” Herring said, continuing to state that it does not supersede the parental consent laws.

Del. Carrie Coyner, R-Chesterfield, expressed her concern with the parental consent aspect of the bill being murky.

“I am filled with an overwhelming concern for young girls across our commonwealth who may soon be faced with life-changing decisions,” she said.

“I am required to be present for every single one of my children’s doctor appointments today,” Coyner continued. “Yet this amendment would allow my daughter to make a decision that would change the course of her life without consulting me. How can we place such a heavy burden on young women across the commonwealth… We should not be sidelined in such a critical decision.”

Herring then responded to Earley and Coyner, saying the P&E’s legal counsel comments were misrepresented, and gave an example of when going around a parent might be necessary.

“Think about the example I gave earlier of a ten-year-old girl who was raped,” Herring said. “It would allow that child to get judicial bypass who was raped by a parent.”

“We do understand the need to have good relationships between children and their parents,” Herring continued. “There is no intent to take away parental notification. The law is the law until the court says it isn’t.”

Republicans, in many floor speeches, said this proposal would create the most extreme abortion law in the country.

Del. Candi Mundon King, D-Prince William, pushed back on those comments.

“What you’re doing is you’re playing with women’s lives,” she said. “Extreme is coming into this body last year, introducing a total ban on abortion, without exception for rape or incest.”

The House passed the reproductive freedom amendment on a 51-48 party-line vote.

This proposal will also have to pass the Senate during this session and then again in both chambers with the same language next year before going to the voters in Virginia for final passage.

The Senate began the legislative process on their version of the bill, which will be heard in the Senate and Privileges Committee on Tuesday.

If the Senate Privileges and Elections Committee advances the amendment proposal, it will go to the full chamber floor next.

The governor is not involved in amendments.