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As legislators convened in Richmond for the General Assembly’s one-day session to consider the governor’s vetos on Wednesday, thousands marched on the Capitol against the failed Democrat-led legislation that would have repealed any meaningful restrictions on late-term abortions. Capitol Police estimated that 6,500 were in attendance to protest the bill carried by Delegate Kathy Tran (D-Fairfax) and Governor Ralph Northam’s (D) subsequent “infanticide” comments.
The “Virginia March for Life,” the largest pro-life demonstration at the statehouse in recent memory, was organized by a partnership between The Family Foundation, Virginia Catholic Conference, the Virginia Society for Human Life, and the national March for Life.
As thousands stood outside the statehouse, a few dozen members of the House and Senate Republican caucuses made an appearance on the steps of the Capitol, with some giving a few, short remarks that were met with loud, complimentary roars from the crowd.
“There’s not a more important issue that I’ve deal with in my career in the legislature than life,” said House Speaker Kirk Cox, (R-Colonial Heights), who was welcomed with chants of “Thank you!”
Earlier in the day, Democrats held their own pro-abortion rally which featured Catholics for Choice, NARAL Pro-Choice Virginia, women who have proudly had abortions, and other abortion advocates. The meeting dubbed “Speak Out for Abortion Access” had just an estimated 60 people in attendance, showing a stark contrast compared to the thousands who came out to reject doing away with all protections for the unborn, even situations wherein an child born after a failed abortion attempt could face death.
“We believe that all people should have the ability to make our own personal reproductive health care decisions,” said Senate Jennifer Boysko (D-Fairfax), according to a report from the Richmond Times-Dispatch. “I promise you that I will stand up and fight every day as a proud pro-choice state senator…and I will not stop until all of your voices are heard and all of us have reproductive freedom.”
The nationwide backlash started after the “Repeal Act,” introduced as H.B. 2491 by Delegate Kathy Tran (D-Springfield), was set to repeal restrictions on third trimester abortions, allow abortion doctors to self-certify the necessity of late-term procedures, eliminate informed consent requirements, repeal abortion clinic health and safety standards, permit late-term abortions to be performed in outpatient clinics, remove ultrasound requirements, and eliminate Virginia’s 24-hour waiting period.
During her presentation of the bill in a House subcommittee, Delegate Tran said abortions would be carried out “through the third trimester.” She added that “the third trimester goes all the way up to forty weeks.”
Delegate Tran also clarified that abortion procedures would be allowed up until the end of a woman’s pregnancy.
“I don’t think we have a limit in the bill,” she added.
In response to a question from House Majority Leader Gilbert (R-Shenandoah), the subcommittee’s chairman, Delegate Tran also suggested that partial-birth abortions would be subject to the bill’s repeal of existing restrictions on the procedure.
“Where it’s obvious that a woman is about to give birth, that she has physical signs that she is about to give birth, would that still be a point at which she could request an abortion if she was so certified?” Gilbert asked.
“She’s dilating,” he continued. “I’m asking if your bill allows that.”
“My bill would allow that, yes,” Tran affirmed.
Comments surrounding the bill became far more menacing in the days following when Governor Northam, during an address on WTOP’s “Ask The Governor” segment, said the response to Tran’s bill was “blown out of proportion.”
Explaining a potential situation the bill would influence, he said the following:
“If a mother is in labor, I can tell you exactly what would happen. The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired, and then a discussion would ensue between the physicians and the mother.”
In the two months since the bill was presented, pro-life advocates across the nation have become outraged, and multiple marches and rallies have set their sights on Virginia. In his “State of the Union” address, President Donald Trump even slammed Northam’s comments, reiterating that he would work to ensure protections for the unborn.
“To defend the dignity of every person,” President Trump charged lawmakers, “I am asking Congress to pass legislation to prohibit the late-term abortion of children who can feel pain in the mother’s womb.”
Although the “infanticide bill” was not expected to pass during this year’s session, it represents a progressive policy vision embraced by the leaders of Virginia’s Democratic Party, including Governor Northam, Lieutenant Governor Justin Fairfax (D), and Attorney General Mark Herring (D). Democrats have also reiterated that the aforementioned bill would become a priority if they regain majority in the General Assembly – just over seven months away from the 2019 statewide elections.
List of Lawmakers Sponsoring Tran’s Controversial Abortion-Until-Birth Bill
54% of Democratic lawmakers sponsored Kathy Tran’s late term abortion bill, in addition to Governor Ralph Northam, Lt. Governor Justin Fairfax, and Attorney General Mark Herring. The bill is supported by a majority of Virginia Democrats. Here’s the list.
Governor Ralph Northam, Senator Jennifer Boysko Reaffirm Support For Abortions Until Moment Of Birth
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Third Trimester Late Term Abortion Bill Backed by Northam, Fairfax, Herring, Democratic Legislators
On Thursday in Richmond, Democratic leaders announced their support for a sweeping repeal of abortion restrictions in Virginia, including deregulation of third trimester late term abortions up until the moment of birth. The press conference, attended by Governor Ralph Northam, Lieutenant Governor Justin Fairfax, Attorney General Mark Herring, and a host of Democratic lawmakers, touted two pieces of legislation filed by Democratic lawmakers, the Repeal Act and the Reproductive Freedom Act.
The Repeal Act, introduced as HB2491 by Delegate Kathy Tran (D-Springfield), would repeal restrictions on third trimester abortions, allow abortionists to self-certify the necessity of the procedures, eliminate informed consent requirements, repeal health and safety standards for abortion clinics, allow late term abortions to be performed in outpatient clinics, waive ultrasound requirements, and eliminate the 24 hour waiting period for abortions in Virginia, among other provisions.
“I introduced House bill 2491, the repeal law, to lift medically unnecessary and unduly burdensome requirements for women to access abortions in the Commonwealth,” said Tran.
“This bill removes hospital requirements on clinics and providers, laws that mandate informed consent, a combination of mandatory ultrasounds, biased literature, and the 24 hour waiting period, and additional doctor requirements for late term abortions,” Tran continued, describing the provisions of the bill.
Third trimester abortions remain highly unpopular with voters, with just 13% saying the procedure should “generally be legal”, according to nonpartisan polling conducted by Gallup, which noted that trimesters were “still key to U.S. abortion views.”
The Reproductive Freedom Act, introduced by Delegate Charniele Herring (D-Alexandria) as HB2369 in the House, and by Jennifer Boysko (D-Herndon) as SB1637 in the Senate, would establish a “fundamental right” to abortion in the Code of Virginia, prohibiting the Commonwealth from enacting restrictions on abortions, including late term procedures in the third trimester of pregnancy. The measure was backed by Governor Northam during his annual State of the Commonwealth address, in which the governor also called for higher spending, sweeping gun control, and a repeal of Virginia’s law requiring voters show photo ID at the polls.
The Democratic leaders were joined by Amy Hagstrom Miller, President and CEO of Whole Woman’s Health, a chain of abortion clinics currently operating in six states, including one location in Charlottesville, Virginia. Miller’s abortion business was the lead plaintiff in the Supreme Court case Whole Woman’s Health v. Hellerstedt, which overturned certain restrictions applicable to abortion clinics.
“We provide fabulous abortion care and we fight the draconian abortion regulations and restrictions,” said Miller. “As abortion providers, we believe that everybody deserves dignity, deserves respect, and that our patients should be at the center of their own health care decisions.”
“That’s why we fight harmful anti-abortion laws, and that’s why we support legislation like this,” continued Miller, saying that passage of the Repeal Act was the “first step” in the fight to expand abortion in Virginia.
An hour before the press conference, lawmakers defeated the Senate’s version of the Repeal Act in the Committee on Education and Health, introduced by Senator Jennifer McClellan (D-Richmond), on a party line vote, with seven Democrats in support and eight Republicans in opposition.
“So, we continue to fight, and we will be back next year to make sure that the Repeal Act passes,” said McClellan.
At the same committee hearing, Boysko’s Reproductive Freedom Act was also defeated on a party line vote.
Boysko, a former board member of NARAL Pro-Choice Virginia and staunch abortion advocate, said she was disappointed by the failure of her bill.
Following the defeat of the Senate bills, and foreshadowing the likely defeat of the measures in the House this year, Northam, Fairfax, and Herring said it was necessary to elect Democratic majorities in November to repeal restrictions on abortion next session.
“So when can’t change peoples minds, we need to change seats,” said Governor Northam, speaking to the upcoming November elections.
Northam, who is a doctor, worked as a pediatric neurologist prior to being elected governor.
Lieutenant Governor Justin Fairfax, a strong supporter of abortion, echoed the governor’s electoral sentiments.
“Though we had some setbacks today in committee around this legislation, please be on notice that when we come back for our next General Assembly session, it will be a very different outcome, because we will have more allies in the House and the Senate,” added Fairfax, who formerly served as a board member of the Planned Parenthood Metropolitan Washington Action Fund.
“I will continue to bang that gavel for progress,” said Fairfax.
Vowing to be a “brick wall” against restrictions on abortion, Attorney General Mark Herring also called on Virginians to elect a pro-choice Democratic majority, while also noting his work as Attorney General fighting against a twenty-week abortion ban and working to protect funding for Planned Parenthood.
“In 2017, Virginia elected three pro-choice, statewide, state elected officials, fifteen new pro-choice delegates, and this past election, elected three pro-choice congresswomen,” added Herring.
“We need a pro-choice majority in the General Assembly,” Herring continued.
During the 2016-2017 statewide campaign cycle, abortion advocates contributed heavily to Democratic campaigns in hopes of repealing abortion restrictions, donating a combined total of $4,871,584 directly and in-kind to pro-abortion politicians, according to campaign finance reports compiled by VPAP.
While that investment helped elect Democrats to the offices of Governor, Lieutenant Governor, and Attorney General, it stopped short of capturing legislative majorities in the House of Delegates and the state Senate, where Republicans held on to narrow majorities of 51-49 and 21-19, respectively.
Though the rollback of abortion regulations is unlikely to pass this year, due to opposition from Republican lawmakers, that could change following November’s elections.
Watch highlights from the press conference below, in longer form than the summary above.
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