CHARLESTON, W.Va. — The law to ban second trimester dismemberment abortions in West Virginia was taking effect this weekend.
The Dismemberment Abortion Act makes it illegal for any person “to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child” unless the abortion is necessary “to prevent serious health risk to the unborn child’s mother.”
The state Legislature voted to override the Governor’s veto of the measure during the 2016 Regular Legislative Session.
“It is a step in the right direction,” said Karen Cross, political director of the National Right Committee, on Friday’s MetroNews “Talkline.”
The law bans the dilation and evacuation (D&E) method which removes the fetal and placental tissue and a combination of suction and surgical instruments, according to women’s health providers.
“There are a lot of doctors and people in the medical community who say this is not a safe procedure, but we’re not saying this procedure can’t be done. We’re saying the baby must not be alive at the time of the procedure,” Cross clarified.
A strong opponent of the legislation is Margaret Chapman Pomponio, executive director of West Virginia Free. She was also a guest on Friday’s “Talkline.”
Chapman Pomponio stressed that state lawmakers are not doctors. She said hearing and watching legislators talk about these procedures was “disturbing.”
“They simply are not skilled in that area and that’s why it’s better left in the hands of the physician and the woman in question to dictate a plan of care that is best for her,” she said.
Opponents of the bill, like Chapman Pomponio, believe banning the procedure goes against women’s health rights, while those who support it, like Cross, maintain that the procedure is a particularly violent means of abortion.
“Recognizing the life of that little unborn child — to have her arms and legs ripped off while she’s still alive is horrific. It’s just unconscionable,” Cross said.
But Chapman Pomponio said this law will only help pro life groups end abortion all together.
“For them, that direction is illegalizing all abortion. That is the goal here,” she said. “Are we really wanting to do down that path until women have no reproductive health care access?”
According to a news release, West Virginia Attorney General Patrick Morrisey said he will defend the law should it be challenged in court.