A recent wave of social legislation could make it harder for women in Virginia to obtain abortions.
Quickly advancing through the Republican-controlled General Assembly, HB 1402 would require women under 18 to gain parental consent prior to undergoing the procedure.
Sponsored by Del. Richard Black, R-Loudoun, the bill joins other abortion legislation, including a ban on "partial-birth infanticide." The bill will have a third reading before the House tomorrow after being approved by the Courts of Justice Committee Jan. 27.
"First and foremost, abortion is a serious medical procedure," said Callie Brennan, Black's legislative aide. "It seems odd that you have to get your Mom's permission to take an aspirin in school but don't need it to have a procedure that could hurt you."
Current state law requires physicians to notify the parents of a minor before performing the abortion, but no consent is necessary.
"We're 100 percent pro-life, but it's not only an issue of abortion, it's an issue of parental rights," Brennan said. "If this girl is hurt by the procedure, they're the ones who are going to be responsible, she is still their daughter."
The bill would require the minor to obtain permission from at least one parent or legal guardian.
"This bill does not tell parents how to react," Brennan said, defending the bill against critics citing government intrusion. "But they need to be provided with the information."
In instances of abuse or incest, the minor could seek a judicial bypass and a judge would report the abusive situation to the authorities, Brennan said.
Certain activist groups object to the idea of mandated parental consent.
"I do hope that these bills fail," said Alexis Conway, president of VOX: Voices of Planned Parenthood at the University of Virginia. "The woman should have the right to choose based on Roe v. Wade."
Members of VOX cite health risks associated with the time it takes to obtain parental consent, which could push abortions into the "riskier" second trimester of a pregnancy.
Gov. Mark R. Warner also indicated his reservations in a monthly WTOP Radio interview Tuesday night.
"I've not seen ... any evidence that parental notification hasn't been effective in involving parents in that most difficult of all decisions," he said. "So the idea that we're simply layering on another anti-abortion legislation like parental consent raises some grave concerns in my mind."
Though a similar bill died in the House last year, Brennan said she is confident this year the resolution will pass.
"It's got huge momentum and I'm fairly optimistic that we can override a veto by the governor," she said.
Brennan attributed the influx of "pro-family legislation" to shifts in social attitudes.
"It probably reflects the change in the sentiment of the people of the Commonwealth," she said. "In past generations, family was at the epicenter, I think the tides are turning in that direction."
Another piece of legislation sparking controversy is sponsored by Del. Robert Marshall, R-Prince William, and would ban partial-birth abortions.
The bill sets guidelines for partial delivery and outlaws any action following intentional delivery that would knowingly cause death.
"These babies are being brutally murdered," Brennan said.
Last year the House overrode a veto on a similar bill, while the Senate fell short by a few votes.
"Partial-birth abortion is a term that is used incorrectly," said Conway, who considers the bill unconstitutional on account that "there needs to be an adequate health exception."
In his radio interview, Warner reflected similar skepticism.
Partial-birth abortion is "a practice that should be outlawed, but it needs to be done in a way that is constitutional," Warner said.
Other abortion legislation up for a third reading includes a bill to allow any physician or pharmacist asked to dispense birth control or other medication that would constitute an abortion to decline the request. Also on the floor is a bill that would eliminate possible mental health impairment of the pregnant woman as a consideration for an abortion after the second trimester.
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