The West Virginia House on Monday voted 86-13 to approve a bill (SB 10) that would ban a medically proven method of abortion, the AP/Sacramento Bee reports.
The state Senate passed the bill earlier this month, and it now heads to Gov. Earl Ray Tomblin (D) (Mattise, AP/Sacramento Bee, 2/29).
Background
Under the bill, physicians who perform the procedure could lose their medical licenses. The bill would exempt physicians from punishment if they perform the procedure in the case of a medical emergency.
According Kelly Baden, director of state advocacy for the Center for Reproductive Rights, bans on this method are unconstitutional because they impede private medical decisions. Baden in a prior letter to West Virginia lawmakers noted, "Laws like these are an attack on women's health, personal autonomy, and the doctor-patient relationship, and they have the potential to force physicians to subject women seeking safe and legal abortion services ... to additional invasive and unnecessary procedures" (Women's Health Policy Report, 2/18).
Bill prospects
According to the AP/Bee, Tomblin said he will not decide whether to sign the bill until he sees the final version.
In the past, Tomblin vetoed a different type of abortion ban (HB 2568) because he thought it would be found unconstitutional. However, state lawmakers overrode his veto last year with a simple majority vote.
According to AP/Bee, the state Legislature has enough support to override another veto.
Comments
Opponents of the measure expressed concern about the bill's constitutionality. According to the AP/Sacramento Bee, courts have blocked similar bans in Kansas (SB 95) and Oklahoma (HB 1721).
Opponents also said the bill would interfere with patient-provider relationships by prohibiting a safe method of abortion. West Virginia Del. Nancy Guthrie (D) said state lawmakers used graphic language to win votes for the measure, which "jeopardizes the medical practices of many of our ob-gyns" (AP/Sacramento Bee, 2/29).
