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Second House committee approves 15-week abortion ban

HB 4004 up for passage in House next week

By Steven Allen Adams 4 min read
Photo Courtesy/WV Legislative Photography Del. Danielle Walker took to the House floor Wednesday to criticize a social media post by a county anti-abortion group calling her support for abortion access akin to supporting the Klu Klux Klan.
Photo Courtesy/WV Legislative Photography Del. Danielle Walker took to the House floor Wednesday to criticize a social media post by a county anti-abortion group calling her support for abortion access akin to supporting the Klu Klux Klan.

Photo Courtesy/WV Legislative Photography
Del. Danielle Walker took to the House floor Wednesday to criticize a social media post by a county anti-abortion group calling her support for abortion access akin to supporting the Klu Klux Klan.

CHARLESTON -- Nearly 30 days after the House Health and Human Resources Committee gave its approval, another House committee recommended a bill Wednesday setting a 15-week limit to abortions in West Virginia.

The House Judiciary Committee recommended House bill 4004 for passage Wednesday afternoon, which would ban abortion procedures after 15 weeks. The bill now heads to the full House of Delegates, with passage possible at the beginning of next week.

HB 4004 would prohibit licensed medical professionals from performing abortions if the gestation period of the fetus is determined to be greater than 15 weeks. The bill includes exemptions for medical emergencies or in the instance of severe fetal abnormalities.

Democratic members of the committee were vocal in their opposition to the bill, attempting to amend it to include exceptions for rape and incest. Del. Lisa Zukoff, D-Marshall, urged her Republican colleagues to show more empathy for women put in difficult circumstances, citing a quote by the author Charles Blow.

"This isn't an easy decision for people to make," Zukoff said. "I'd like you to just think about this: 'one doesn't have to operate with great malice to do great harm. The absence of empathy and understanding are sufficient.'"

Del. Chris Pritt, R-Kanawha, said he believes the U.S. Constitution provides a right to life and that HB 4004 is a good bill.

"I would think we could even go further, but we're talking about this bill right now," Pritt said. "This bill will undoubtedly save lives … I think we have a compelling interest in saving life."

The bill is in response to Mississippi, which also limited abortion in the state to 15 weeks. That was challenged in federal court going all the way to the U.S. Supreme Court late last year. West Virginia Attorney General Patrick Morrisey is part of a 24-state coalition supporting the 15-week ban. A decision in the case is pending.

The bill is opposed by several groups, including reproductive rights groups West Virginia FREE and the South Atlantic division of Planned Parenthood.

"Throughout a pregnancy, a person's health and well-being -- not the whims of politicians -- should guide important medical decisions," said Emily Womeldorff, constituency engagement specialist for Planned Parenthood South Atlantic. "We aren't truly free unless we can make our own decisions, and it's time for the people of West Virginia to push back against these attacks on our personal freedoms."

Anti-abortion groups, such as West Virginians for Life, are fully in support of HB 4004, rallying in Charleston on Monday as part of their legislative lobbying day. A Berkeley County affiliate of West Virginians for Life created controversy this week by targeting House Health Committee Minority Vice Chair Danielle Walker, D-Monongalia, the House's only black woman.

In a Facebook post on Feb. 1, Berkeley County West Virginians for Life compared pro-abortion supporters to the Klu Klux Klan and Jim Crow-era eugenics laws using a graphic of a KKK member on white robe, mask, and pointed hat with their hand outstretched in a Nazi salute.

Richard Demoske, the chapter president, resigned from the group according to a letter obtained by WOWK-TV in Charleston and apologized for his actions, but not to Walker. During remarks by members at the end of Wednesday's House floor session, Walker addressed the controversy.

"Let's be transparent, the Klu Klux Klan is not an ally to Danielle Walker or friends of Danielle Walker," Walker said, speaking directly to House members. "My family depends on each of you to denounce this. My friends depend on each of you to denounce this. My neighbors depend on each of you to denounce this. My constituents depend on every one of you to denounce this … I don't care how you cut this; this hurts deeply."

The House Judiciary Committee also recommended House Bill 4005 for passage. The bill would ban the selling or collection of fetal body parts within the state under certain conditions. There are already federal prohibitions on fetal body part sales across state lines.

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