RICHMOND, Va. (WRIC) — The Democratic-controlled Virginia General Assembly is moving forward with plans to amend the state constitution to protect reproductive rights, including abortion.
On Wednesday, the House Privileges and Elections Committee advancing a proposed constitutional amendment along party lines.
The amendment says that “every individual has the fundamental right to reproductive freedom.” That includes decisions relating to “contraception, abortion care, miscarriage management, and fertility care.”
“Since the Supreme Court decision in Dobbs, we have had some states enact dangerous abortion bans that have endangered the lives of women,” said House Majority Leader Charniele Herring (D-Alexandria). “We are determined to protect every individual’s reproductive freedom and HJ1 will do just that.”
Democrats say the amendment is compatible with current state law by allowing abortions through the first two trimesters and by allowing the state to prohibit abortions in the third trimester.
However, Republicans like House Minority Leader Todd Gilbert (R-Shenandoah) say the amendment goes further than state law by reducing the number of physicians required to sign off on a third-trimester abortion if the life of the mother is at risk or if the fetus is not viable.
Gilbert also said the amendment doesn’t include language that would allow the state to prohibit abortions if there’s a state interest in protecting the life of the unborn.
“I think it gives courts pretty clear instruction that they are to ignore any of the rights, if they exist, of the unborn child at any point of the pregnancy, that all of those rights are only afforded to the mother of the child,” said Gilbert.
8News asked Herring about Gilbert’s concerns about reducing the number of physicians who sign off on a third-trimester abortion from three to one.
“If you have an emergency situation and there is one doctor that is on-call, physically that is there and they are not able to find another physician, you are risking the life of the woman,” Herring told 8News.
While Wednesday’s approval from the House Privileges and Elections Committee is a first step, there are still several more hurdles for the amendment to clear over the next two years before any changes to the constitution can be made.