West Virginia legislature sends governor 20-week abortion ban bill

The West Virginia state Senate passed a 20-week abortion ban earlier this week by an overwhelming 29-5 vote, sending the bill to Gov. Earl Ray Tomblin. Although the Democratic governor has threatened to veto the legislation, the Republican-controlled statehouse likely has enough votes to override him.

The bill is one of three Pain Capable Unborn Child Protection Acts introduced in state legislatures so far this year. If it’s signed into law, West Virginia would become the 11th state to enact a ban based on model legislation championed by the National Right to Life Committee (NRLC).

“West Virginians can be proud of their legislative representatives for the hard work they put into the effort to protect unborn children from the terrible pain of abortion,” said John Carey, lobbying coordinator for West Virginians for Life (WVFL). “They truly represent the pro-life values of the state. It is up to the governor to decide whether or not to veto a bill that has passed with such large bi-partisan majorities.”

Although Tomblin has indicated he will veto the legislation, WVFL plans to urge legislators to override him. The state House passed the bill by an 87-12 vote earlier this month. Tomblin killed similar legislation last year when a Democratic majority controlled the state legislature. This year, Republicans have control.

During the Senate debate, two legislators attempted to introduce amendments that would push the ban to 24 weeks and allow exceptions for rape and incest. But both failed. The bill does allow exemptions for medical emergencies. But, in those cases, the abortionist should seek the “best opportunity for the fetus to survive,” unless the mother’s life or health is threatened. The bill doesn’t allow exceptions for psychological or emotional health.

Any abortionists who violate the law would face medical board discipline and the revocation of their licenses. The patients wouldn’t face punishment.

Ten states have passed 20 week abortion bans, and eight of those laws currently are in effect.

“Now West Virginians must rise up and tell the governor ‘No more. No longer will our state tolerate the brutal and painful killing of unborn children,’” said Mary Spaulding Balch, NRLC’s director of state legislation. “It is a travesty for Gov. Tomblin to threaten to veto legislation that embodies common sense and basic decency.”