Where Virginia’s rules on abortion stand if Supreme Court overturns Roe v. Wade
If and when the Supreme Court follows through on a draft opinion reversing a landmark abortion-rights decision, Virginia’s relatively lax regulations on abortion would be the final word on the matter in the state, at least for the time being.
A leaked draft Supreme Court ruling published by Politico shows a majority of Justices backing a reversal of Roe v. Wade.
In Virginia, abortions are allowed to be performed by licensed medical staff in the first trimester, or first three months of pregnancy, and in the second trimester, second three months of pregnancy, at a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services, according to state code.
Abortions by licensed medical staff are allowed in the final three months of pregnancy if three physicians agree the pregnancy will lead to the woman’s death or “substantially and irremediably impair the mental or physical health of the woman” and life support is available for the fetus if it survives the procedure. Written consent is required.
Performing an abortion outside the law is a Class 4 felony, according to the code.
Pro-Choice Virginia expects 26 states to vote to outlaw abortion by this time next year if the final ruling is the same as the leaked draft, according Tarina Keene, executive director for the abortion-rights group.
“Being able to control your reproductive destiny is a fundamental human right and should not be ignored by the state you live in,” Keene said. “This isn’t a right that should be granted to you by the Constitution — it is an unalienable right.”
In anticipation for the final ruling to be the same as the draft, Pro-Choice Virginia is working to become a “safe haven” for residents of nearby states where there are “trigger laws” or other bans that would affect abortion if Roe v. Wade is overturned, according to Keene. These states include West Virginia, Kentucky and Tennessee, she said.
In total, there are 21 states with such trigger laws, abortion bans after six weeks or unenforced bans on abortion that predate the Roe v. Wade decision, according to the Guttmacher Institute.
“We know that people will be looking for help, for access to abortion care,” Keene said.
She said if the issue of abortion goes to the statehouse, the group will do its best to support abortion rights candidates and policies through the legislature, where there is a Republican majority in the house and 21-19 Democratic majority in the Senate with one Democrat in favor of anti-abortion policy.
“It all hangs by the whims of the legislature and here in Virginia, based on our most recent election, we are one vote away from being one of those states that could move to ban abortion outright,” she said.
Dozens of people gathered on the front lawn of the Federal Courthouse in Norfolk on Tuesday evening to protest the draft opinion. The “Rally for Roe” was organized by Planned Parenthood Advocates of Virginia.
Earlier this year, a Democratic majority in a Senate subcommittee defeated a bill that would’ve banned abortion in Virginia after 20 weeks that was proposed by a Republican senator.
“I predict that if they do try to take this leap and do try to go after abortion access in Virginia, they will pay a very big political price,” Keene said. “And they know it. That’s why they’re not out here jumping up and down with the leak” of the draft decision.
Olivia Gans Turner, the president for the oldest anti-abortion group in the state, the Virginia Society for Human Life, said most of the conversation in Virginia anti-abortion groups is not focused on a complete ban on abortion.
“That’s not the conversation in Virginia,” Gans Turner said.
She said if the final decision ends up being the same as the draft decision, there is still a long way ahead before groups can accomplish their policy goals — and that means working to convince elected officials and backing candidates that agree with the group.
“Whatever is handed down, pro-life groups are still going to have an enormous amount of work ahead of them,” Gans Turner said.
Gov. Glenn Youngkin issued a statement saying he was waiting for a final ruling and in the meantime is focused on other priorities.
“Sadly, this leak was done in order to cause chaos and to put pressure on justices and elected officials. It’s premature to speculate on what the Supreme Court’s decision will be; however, we learned from listening to Virginians over the last year that we have much common ground on this issue,” he said. “I am pro-life, and I have been very clear about that since the day I launched my campaign.”
Senate President Pro tempore L. Louise Lucas, D-Portsmouth could not be reached Tuesday but tweeted her intention to defend abortion rights.
“My number one priority is maintaining a woman’s right to choose. In Virginia that means preserving our pro-choice majority in the Virginia Senate. Period,” she wrote. “There is nothing else we can do that would have anywhere near the impact of keeping the Senate.”
A statement from the Catholic Diocese of Richmond, a supporter of anti-abortion policy, said the religious organization is declining to comment until the final decision is made “out of respect for the judicial process,” according to an email from a spokeswoman.
Ian Munro, 757-861-3369, ian.munro@virginiamedia.com, @iamIanMunro
Staff writer Caitlyn Burchett contributed to this report.
