CHARLESTON, W.Va. — The state Senate Wednesday passed 29-5 legislation banning abortions after 20 weeks. The bill has already cleared the House and will next go to Governor Tomblin, who vetoed a similar bill last year.
The West Virginia Pain-Capable Unborn Child Protect Act (HB 2568) says that babies in the womb can feel pain at the 20-week mark, therefore the state has a responsibility to protect the life. Opponents argue the medical science is mixed and that the bill won’t hold up to a legal challenge.
Tomblin vetoed last year’s pain-capable bill, saying he was advised by his attorneys that the legislation was unconstitutional and that it unduly restricted the patient-physician relationship. There’s been no indication Tomblin will change his mind about this bill.
However, the veto can be overridden by a simple majority in both houses–a threshold that can be easily met in the House and Senate.
The Senate rejected two amendments. One would have changed 20 weeks–or 22 weeks from the last menstrual cycle–to 24 weeks. Senator Corey Palumbo (D-Kanawha), who proposed the amendment, said that would guarantee the constitutionality of the bill.
“To suggest that according to every standard out there that this bill is constitutional is just blatantly false,” Palumbo said. “I don’t see any way this bill will be found constitutional.”
Senator Chris Walters (R-Kanawha) argued that U.S. Supreme Court Justice Anthony Kennedy has opened the door to revisit the abortion issue.
“Justice Kennedy stated that when medical powers of higher authority are in disagreement it is up to the state legislatures to look at their evidence and determine if that evidence is enough to determine if it’s constitutional. Mr. President, that is exactly what we have here today,” Walters said.
Palumbo’s amendment failed 6-28.
The Senate also rejected on a voice vote a proposed amendment by Senator Herb Snyder (D-Jefferson) providing for exceptions in cases of rape or incest.
The bill prevents abortions after 20 weeks unless the fetus is not viable or if there is a serious medical risk to the mother. Doctors who violate the provision would be subject to discipline from the state medical board.