Lawmakers in Virginia have permitted a constitutional modification that might set up a proper to abortion all through all 9 months of being pregnant, taking step one of their push to make sure that it goes earlier than voters by the tip of the last decade.
In a 21-19 vote Tuesday, the Democrat-controlled Virginia Senate permitted Senate Joint Decision 247 alongside celebration strains. All Democrats within the higher chamber voted to advance the proposed constitutional modification, whereas all Republicans voted in opposition to it.
The passage paves the way in which for the Virginia Normal Meeting to weigh in on a proposal that might amend the Virginia Structure for a second time following the following common election, scheduled to happen this November.
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The proposed modification to the Virginia Invoice of Rights would set up a “Fundamental Right to Reproductive Freedom,” declaring 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.”
“An individual’s right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means,” the proposed modification additionally states.
Whereas the proposal stresses that “the Commonwealth may regulate the provision of abortion care in the third trimester,” it prohibits the regulation of abortion in instances the place a doctor determines it’s essential to “protect the life or physical or mental health of the pregnant individual” or as a result of “the fetus is not viable.”
The Virginia Senate rejected an modification to the proposal launched by Republican state Sen. Emily Jordan that might make clear that “In the event of a live birth of an infant, including when an abortion procedure results in the live birth of an infant, such infant shall be considered a legal person for all purposes under the laws of this Commonwealth and entitled to the full protection of such laws.”
The modification additionally proclaimed that “An infant born alive following an abortion procedure has the same claim to the legal rights and protections as all persons in the Commonwealth and shall be provided the same level of care and treatment as any infant or person seeking care and treatment in a medical facility.”
The rejection of Jordan’s modification fell alongside celebration strains, with all Republicans voting in favor of it and all Democrats opposing it.
One other modification, proposed by Republican state Sen. Tara Durant, was additionally rejected. The modification would add textual content to the Virginia Structure stating that “the Commonwealth’s parental consent laws shall remain in effect, and the Commonwealth may regulate the provision of abortion care and gender-affirming care to minors.” The vote to reject Durant’s modification additionally got here down alongside celebration strains.
The Virginia Senate permitted Senate Joint Decision 247 lower than per week after the Democrat-controlled Virginia Home of Delegates permitted Home Joint Decision 1 in a 51-48 vote that fell alongside celebration strains. The textual content of Home Joint Decision 1 is sort of similar to the textual content of Senate Joint Decision 247, with solely minor modifications reflecting that it originated within the Home and never the Senate.
The joint resolutions handed in each chambers of the Virginia Normal Meeting included a reference to Article XII of the Virginia Structure, which states that proposed amendments to the state’s structure should obtain the assist of a majority of members of each the Senate and Home of Delegates in two consecutive legislative classes.
If the proposed constitutional modification is permitted by members of each chambers within the subsequent legislative session, which begins following this yr’s common election, it have to be submitted to the voters for approval.
“The stakes of Virginia’s legislative elections this November just got higher,” Caitlin Connors, regional director for the nationwide pro-life advocacy group Susan B. Anthony Professional-Life America, mentioned in a press release Tuesday. “Virginia already allows abortion in the sixth month of pregnancy, but that isn’t enough for Democrats.”
“Republicans must hold Democrats accountable for supporting abortion in the third trimester, the end of parental consent and denying abortion survivors the right of lifesaving care,” Connors added.
All 100 seats of the Virginia Home of Delegates are up in November’s common election. Members of the Virginia Senate would not have to run for re-election once more till 2027, which means the push for the modification will rely solely on which celebration holds management of the Home of Delegates. Republicans not too long ago had management of the chamber from 2022-2024.
The push to create a constitutional proper to abortion in Virginia marks the most recent try and enshrine a proper to abortion right into a state structure following the U.S. Supreme Courtroom’s 2022 choice in Dobbs v. Jackson Ladies’s Well being Group. The excessive court docket decided that the U.S. Structure doesn’t comprise a proper to abortion. California, Michigan and Vermont voters permitted such measures in 2022 whereas Ohio voters adopted swimsuit in 2023.
In 2024, voters in seven states permitted measures establishing rights to abortion of their respective constitutions both immediately or not directly: Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York. In the meantime, efforts to enshrine a proper to abortion within the constitutions of Florida, Nebraska and South Dakota got here up brief.
Ryan Foley is a reporter for The Christian Put up. He may be reached at: [email protected]
“Well bless their hearts.”
