The state Senate Wednesday passed
29-5 legislation banning abortions after 20 weeks. The bill has already cleared
the House and will next go to Governor Tomblin, who vetoed a similar bill last
year.
The West Virginia Pain-Capable
Unborn Child Protect Act (HB 2568) says that babies in the womb can feel pain
at the 20-week mark, therefore the state has a responsibility to protect the
life. Opponents argue the medical science is mixed and that the bill won’t hold
up to a legal challenge.
Tomblin vetoed last year’s
pain-capable bill, saying he was advised by his attorneys that the legislation
was unconstitutional and that it unduly restricted the patient-physician
relationship. There’s been no indication Tomblin will change his mind about
this bill.
However, the veto can be overridden
by a simple majority in both houses–a threshold that can be easily met in the
House and Senate.
The Senate rejected two amendments.
One would have changed 20 weeks–or 22 weeks from the last menstrual cycle–to 24
weeks. Senator Corey Palumbo (D-Kanawha), who proposed the amendment, said that
would guarantee the constitutionality of the bill.
“To suggest that according to every
standard out there that this bill is constitutional is just blatantly false,”
Palumbo said. “I don’t see any way this bill will be found constitutional.”
Senator Chris Walters (R-Kanawha)
argued that U.S. Supreme Court Justice Anthony Kennedy has opened the door to
revisit the abortion issue.
“Justice Kennedy stated that when
medical powers of higher authority are in disagreement it is up to the state
legislatures to look at their evidence and determine if that evidence is enough
to determine if it’s constitutional. Mr. President, that is exactly what we
have here today,” Walters said.
Palumbo’s amendment failed 6-28.
The Senate also rejected on a voice
vote a proposed amendment by Senator Herb Snyder (D-Jefferson) providing for
exceptions in cases of rape or incest.
The bill prevents abortions after 20 weeks unless the fetus is
not viable or if there is a serious medical risk to the mother. Doctors who
violate the provision would be subject to discipline from the state medical
board.
