House takes up fetal pain bill

The West Virginia Legislature started work Thursday on a bill that would prohibit abortions after 20 weeks except in rare cases.

The fetal-pain bill (HB 2568) is similar to legislation passed overwhelmingly last year, but vetoed by Governor Tomlin.  He questioned the bill’s constitutionality and believed it would interfere with the doctor-patient relationship.

The bill asserts that “there is substantial medical evidence that an unborn child is capable of experiencing pain” after 20 weeks in the womb and therefore the state has “a compelling interest in protecting the lives of the unborn children” from the stage at which they can feel pain.

However, bill opponents point to other research showing the fetus is unlikely to feel pain until at least 24 weeks. They also cite the “viability rule,” which came out of the 1973 Roe v. Wade decision. That rule said the government “may not prohibit a woman from making the ultimate decision to terminate her pregnancy before viability.”

At least 11 states have passed pain-capable laws. Last year, the U.S. Supreme Court declined to review a lower court ruling that struck down an Arizona law that criminalized abortions after 20 weeks.

The West Virginia bill provides for exceptions to the 20 week standard when a doctor determines the abortion must be performed to protect the mother from death or serious injury. A doctor who violates the statute could lose his license to practice medicine.

West Virginia has no restrictions on late term abortions, though pro-choice organizations say they are extremely rare.

The House Health and Human Resources Committee held a public hearing on the bill Thursday afternoon at the Capitol. About 30 people spoke, with roughly twice as many against the bill as in support of it.