Governor Earl Ray Tomblin says the
question about the constitutionality of the Pain Capable Unborn Child
Protection Act will have to be addressed before he makes a decision on whether
to sign into law the ban on abortions after 20 weeks into a pregnancy .
House Minority Leader Tim Armstead
(R-Kanawha, 40) said he thinks there should be no question. “I do think
it is constitutional. This is practically the same bill the U.S. House of
Representatives has already passed,” said Armstead of the state bill.
Armstead said he thinks there
is a “compelling state interest” to put a limitation on a woman’s right to have
an abortion, protected by Roe v. Wade, because of the pain an unborn child or
fetus could be feeling at 20 weeks in development.
Senator Erik Wells (D-Kanawha, 8)
disagreed about the constitutionality question.
He said changing the threshold in
the bill from 20 weeks to viability or 24 weeks, an amendment that was
offered and defeated in the state Senate, would have better addressed the
issue.
“When a lawmaker takes an oath,
they put their hand on a Bible to swear to uphold the Constitution. They
don’t put their hand on the Constitution to swear to uphold the Bible,” said
Wells.
“We need to realize the
Constitution should always be coming first.”
The bill, which was approved on the
final day of the 2014 Regular Legislative Session, does allow for exceptions
for medical emergencies. However, doctors who violated the ban could be
charged with a misdemeanor crime and fined up to $4,000.
