The House of Delegates passed the
pro-life supported Pain-Capable Unborn Child Protection Act on an 87-12
Wednesday following nearly two hours of debate.
The bill (HB 2568), similar to a
measure passed by the legislature last year, would make abortions illegal after
20 weeks.
“Everything has changed in science.
We know so much more about these children. We know how they are developing and
we are aware, that of course, they are human in the womb and they are
developing all of their human capabilities,” Franz said.
The House floor debate focused on the
constitutionality of the bill. Gov. Earl Ray Tomblin vetoed last year’s
legislation over constitutional concerns. The debate, as usually is the case on
the topic of abortion, was emotional. Delegate Dave Pethtel (D-Wetzel) said
he’s pro-life but the last two years he has voted against this bill.
“That decision (whether or not to
have an abortion) should be between her, her doctor, her family and her God.
Not the government,” Pethtel said.
The delegate also said in the more
than 20 years in voting for pro-life bills it never seemed to be enough for
that group.
“You either haven’t done enough or
when will you do more? I clearly had given everything I had by voting 100
percent,” Pethtel said.
Franz said another veto by Gov.
Tomblin wouldn’t be surprising.
“I think our feeling is there’s
nothing we could really do to change the bill to make the governor happy with
it. He thinks it’s unconstitutional on its face,” Franz said.
The bill is expected to get much
the same support in the Senate. There would presumably be enough time in the
currently legislative session to override a Tomblin veto. Tomblin has indicated
he would be more comfortable with the bill if it found viability to be at 24
weeks. Franz said that’s not the goal of West Virginians
for Life.
“It would revert to being a
trimester viability bill that simply bans abortion and that’s not our goal. Our
goal is to introduce the baby into the debate as an organism, a human person
that feels pain,” Franz said citing new research that she said shows babies are
feeling pain in the womb by putting out pain hormones.
Some arguing against the bill said
the state was setting itself up for an expensive defense when the bill is found
to be unconstitutional. Judiciary Committee Chairman John Shott (R-Mercer) said
none of the 11 other states that have a similar law have faced legal
challenges, but it still shouldn’t be a concern.
“What you’ve been asked to do today
is press the green button and stand up for life and if it costs us a few
dollars, I would say it’s worth it,” Shott said
Wednesday was pro-life day at the
capitol and several hundred members of West Virginians
for Life were on hand for the House vote, filling the gallery, and then
afterward for a rally.
