A United States District Court judge ruled Virginia's ban on late-term abortions unconstitutional Monday, declaring that the act violated women's right to privacy.
"The act is unconstitutional on its face," Judge Richard L. Williams said in a statement. "It impermissibly infringes on the fundamental right to choose an abortion and it contains no health exception."
A spokesperson for Virginia Attorney General Jerry Kilgore said he will appeal the decision to the Fourth Circuit Court of Appeals because he believes the law is constitutional.
"We believe the state should be able to decide when a birth has occurred," Kilgore spokesperson Carrie Cantrell said. "This is a very gruesome procedure."
Kilgore said in a statement that the American Medical Association called late-term abortions "not good medicine."
"Our society should not allow the murder of babies just as they are inches away from drawing their first breaths," Kilgore said.
Christine Peterson, the director of gynecology at the University hospital, said the procedure does not pose health risks.
"It is very rare and hardly ever used, but it is not particularly dangerous," Peterson said.
Although the ruling will be sent to the Fourth Court for appeal, Williams said he believes his ruling will be sustained.
"I am always optimistic that my rulings will be upheld," Williams said.
Cantrell said Kilgore believes Virginians approve of the legislation.
"He believes the majority of the folks who voted in the General Assembly spoke for the will of the people," Cantrell said.
None of Kilgore's evidence was heard in court, Cantrell said.
Williams said Kilgore's evidence lacked credibility.
"I rejected a lot of their evidence because their so-called expert did not hold up," Williams said.
First Right Vice President Christine Elliot took issue with Williams' argument that late-term abortion is a constitutional right.
"It does not feel like a legitimate argument," Elliot said. "It seems like his personal opinion."
Elliot said she hopes the ruling is overruled.
"I think political sentiment surrounding abortion is more conducive than in the past to overturning the ruling," Elliot said.
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