Abortion bill up for passage today in W.Va. House of Delegates

Photo by Steven Allen Adams During a press conference held Tuesday by Democratic members of the House of Delegates, Del. Lisa Zukoff said she was disappointed that the Republican House majority did not support exceptions for rape and incest in the new abortion law being considered by the Legislature.

CHARLESTON — A bill updating West Virginia’s abortion laws in the wake of a U.S. Supreme Court decision last month is up for amendments and passage in the House of Delegates later today.
House Bill 302, clarifying West Virginia’s abortion laws, made it out of the House Judiciary Committee on Tuesday morning by voice vote after more than two hours of debate and testimony.
HB 302 would ban all abortions beginning at fertilization, except for medical emergencies, a non-medically viable fetus and in the instance of a pregnancy when a fetus develops outside the uterus.
The bill makes clear that miscarriages, stillbirths, the use of existing established cell lines derived from aborted human embryos or fetuses, medical treatments that result in the accidental death or injury to a fetus, in vitro fertilization or human fetal tissue research are not considered abortions. It also does not prevent the prescription, sale, transfer or use of contraceptives.
HB 302 requires that any licensed medical professional may not perform an abortion on an unemancipated minor until a parent or guardian is informed, kicking of a 48-hour waiting period. The child can request a waiver of having their parent or guardian notified and ruled on by a circuit court judge no later than the day after receiving the request for waiver.
The new bill makes it clear that no woman can be prosecuted for having an abortion performed. But it leaves in the state’s criminal code a statute making it a felony to perform an abortion or attempt to induce an abortion. Those found guilty could face between three and 10 years in prison. A licensed medical professional in violation of the code can also lose their medical license. An attempt to amend out criminal penalties for abortion providers also failed in committee.
Gov. Jim Justice added the topic of abortion to the special session proclamation Monday originally meant to address his personal income tax cut proposal. The addition of abortion was a result of a U.S. Supreme Court decision last month that threw out two previous Supreme Court decisions over the last 50 years allowing access to abortion services as a right.
“We are acting now because of the legal necessity to take action due to the Supreme Court’s actions. That’s why we’re doing this,” said House Judiciary Committee Vice Chairman Tom Fast, R-Fayette.
Lawmakers also decided to act after Attorney General Patrick Morrisey issued an advisory opinion two weeks ago that said that a law on West Virginia’s books more than 150 years old that criminalized abortion was now back in effect. He called the law “vague” and recommended an update of the state’s abortion laws in the wake of the Supreme Court decision.
“We wanted to get it done because of all the controversy and confusion that is out there,” Justice said during a virtual briefing with reporters Tuesday. “Our laws that are on the books are old. They’re ancient. They’ve been on the books since the 1800s. Really and truly, they need clarification and they need modernization.”
A circuit court judge in Kanawha County issued a preliminary injunction against the state’s felony abortion law, a decision being appealed by Morrisey with the West Virginia Supreme Court of Appeals. That injunction has allowed the state’s only abortion clinic to begin offering abortion services again.
“If we do not pass (HB 302) and sign it into law, there will be hundreds and thousands of unborn children die,” Fast said.
Committee members had lengthy discussion about HB 302, with Democratic members of the committee offering amendments that all failed on party line votes. The committee also heard testimony from Joshua Lief, Rabbi of Temple Shalom in Wheeling, which resulted in a religious and philosophical debate between the Rabbi and Republican committee members.
Amendments to allow for abortions in the event of rape and incest were voted down as was an amendment to remove the criminal penalty for medical professionals accused of providing abortion services. Members of the House Democratic caucus held a press conference after Tuesday’s House floor session to criticize the bill.
“To the ladies of West Virginia, we are very sorry,” said Del. Lisa Zukoff, D-Marshall. “Ladies and gentlemen, it’s time we educate our children because they’re going to have no recourse. They’re not going be able to make the decision; it’s been made for them. Even if they are forcibly raped, they’re going to have to have that child.”
Democratic House members accused Republican lawmakers for making a deal with Justice to add abortion to the special session in exchange for support for his personal income tax cut plan. House Minority Leader Doug Skaff, D-Kanawha, also accused the Governor and Republican lawmakers of focusing on abortion in order to have a bill pass since it’s possible that Justice’s tax cut plan may night pass.
“Did they change the narrative because they’re doing nothing with a billion-dollar surplus to give back to West Virginians? You have a majority of both houses and a Governor of the same party with a billion-dollar surplus and they can’t get their act together to give relief to West Virginians,” Skaff said. “That is ridiculous and uncalled for.”
“There’s been media who have said to me ‘did you do that really and truly so you could make more progress on your tax cut?’ I would say to you that you could not possibly insult me more,” Justice said in response to accusations. “If anyone thinks such a thing, it’s just terrible.
“There is no question that the tax cut is important, but really and truly it does not hold a teacup to what we’re going to do in this state for the elimination of abortion and what our Supreme Court of the United States did,” Justice continued.
Justice has said repeatedly on previous briefings that he wanted to call a special session as soon as possible to make changes to abortion laws, waiting on a thumbs up from lawmakers. Justice said he received that thumbs up over the weekend.
“We needed to address this when we’re ready,” Justice said. “The House said they were ready on Friday … on Sunday in meetings, the Senate conveyed to the House that they were ready too. I told you I would call a special session as soon as they told me they were ready.”