West Virginia passes bill to outlaw abortion in most cases

Charleston, West Virginia - West Virginia on Tuesday passed House Bill 302, which outlaws abortion in the state with limited exceptions.

With the passing of House Bill 302, West Virginia joins the ranks of States that have sought to limit or outlaw abortion since the Supreme Court removed its protected status as a constitutional right with its June ruling.
With the passing of House Bill 302, West Virginia joins the ranks of States that have sought to limit or outlaw abortion since the Supreme Court removed its protected status as a constitutional right with its June ruling.  © Jose Luis Magana / AFP

The state joins the swelling ranks of states that have sought to limit or outlaw abortion since the Supreme Court struck down Roe v. Wade in June.

The new legislation only allows for abortions in a few cases, including medical emergencies.

Victims of rape and incest would still be able to obtain abortion care up to eight weeks of pregnancy, but only if they first report the crime to law enforcement within 48 hours of a planned procedure.

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Any victims who are minors have until 14 weeks of pregnancy to seek an abortion.

Surgical abortions can only be performed at a state-licensed hospital by a physician with hospital privileges. Anyone else who performs the procedure could face three to 10 years in prison. However, pregnant people who obtain illegal abortions will not face any form of prosecution under the bill.

The bill moved through both the state Senate and House quickly after several hours of debate, while abortion advocates protested outside.

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According to the ACLU and others, this new legislation makes half of the state of Virginia's population second class citizens.
According to the ACLU and others, this new legislation makes half of the state of Virginia's population second class citizens.  © JACK GUEZ / AFP

Democratic state Senator Owens Brown spoke out against the bill before it passed, per AP news.

He compared groups of men passing legislation that mostly impacts women to laws that were passed by white lawmakers when slavery was legal in the US.

"That’s somewhat irrational in many ways to be able to apply a law that will never apply to you. It’s easy for you to sit there and do that because you will never have to face the consequences of your actions," Brown insisted.

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In response to the bill's passing, the ACLU, Planned Parenthood South Atlantic, West Virginia Free, and the Women's Health Center of West Virginia released a joint-statement, saying: "After weeks of deal-making behind closed doors, the West Virginia Legislature has banned abortion, subjecting half of the state’s population to second-class status and placing lifesaving health care out of reach for tens of thousands."

The bill now heads to Governor Jim Justice's desk. The Republican has previously signed anti-abortion legislation into law since taking office in 2017.

Cover photo: Jose Luis Magana / AFP

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