RICHMOND The Senate Education and Health
Committee lived up to its reputation last week as the graveyard for abortion-related bills
sent over from the House of Delegates.
The panel defeated House bills that would have raised the licensing standards on
abortion clinics and would have removed mental health as a reason for allowing
third-trimester abortions.
However, the Senate committee approved a legislation requiring physicians to obtain
parental consent before performing an abortion on a minor.
The committee held an extended meeting Thursday to consider abortion-related
legislation that had been passed by the House. In the past, anti-abortion bills have died
in the Senate committee, which has a stronger Democratic presence than the House does.
This session, the panel has eight Republicans and seven Democrats.
On a 7-8 vote, the committee defeated House Bill 2367, sponsored by Delegate Robert G.
Marshall, R-Manassas. The bill would have required abortion clinics to meet the licensing
requirements for ambulatory surgery centers. Marshall said he introduced the bill to
protect women having abortions.
Victoria Cobb of Family Foundation of Virginia read a statement from Cindy W. Blosser,
a registered nurse.
"Cindy had a abortion and she became a registered nurse. She had no idea how a
woman would be in danger when she undergoes an abortion procedure," Cobb said.
"There was no medical emergency equipment if a woman is in a life-saving
situation."
Testimony from Bennet Greenberg of Planned Parenthood Advocates of Virginia sealed the
fate of the bill. Greenberg displayed a map of Virginia, marking 18 abortion clinics in
the state that would have to shut down under the bill's licensing requirements.
"Only one abortion clinic would be able to meet these regulations under this
bill," Greenberg said. "All others would be forced to shut down."
Abortion rights advocates said clinics would have had to spend $500,000 or more on
renovations to comply with the bill.
Sen. Richard L. Saslaw, D-Springfield, said he feared that under Marshall's bill, women
would be denied access to abortion.
The seven Democrats on the Senate committee voted against the bill. They are Saslaw,
John S. Edwards of Roanoke, R. Edward Houck of Spotsylvania, Janet D. Howell of Reston,
Benjamin J. Lambert III of Richmond, Louise Lucas of Portsmouth, and Mary Margaret Whipple
of Arlington. They were joined by Republican Sen. Frederick M. Quayle of Chesapeake.
The other Republican senators on the panel voted for Marshall's bill. They are Harry B.
Blevins of Chesapeake, Bill Bolling of Mechanicsville, Stephen H. Martin of Chesterfield,
William C. Mims of Leesburg, Stephen D. Newman of Lynchburg, Russell Potts Jr. of
Winchester, and Frank M. Ruff Jr. of Clarksville.
"This committee, judging their motives, they have left women at the hands of
people who say, 'Put your cash on the table, honey, that's all we're here for,'"
Marshall said. "One abortionist did 22 abortions in three hours. Where's the
physician-patient relationship? There is none. I'll be back again next year."
The Senate committee also voted 7-8 against HB 1580, which would have eliminated a
woman's mental health from consideration in deciding whether an abortion should be allowed
after the second trimester. Again, Quayle joined the Democrats to defeat the bill.
In Virginia, it is legal to perform an abortion after the second trimester if the
doctor and two consulting physicians have determined that continuation of the pregnancy is
likely to result in the woman's death substantially and irremediably impair her mental or
physical health.
Delegate Mark L. Cole, R-Fredericksburg, sponsored HB 1580. Saslaw said the bill was
unconstitutional. "Mental health is just as important as physical health,"
Saslaw said.
Greenberg said third-trimester abortions in Virginia are rare. "In the year 2001,
there were 23,968 abortions; only four of those were third-trimester abortions," he
said.
The committee voted 10-5 to indefinitely delay HB 1499, sponsored by Delegate L. Scott
Lingamfelter, R-Woodbridge. It would have required public health workers to notify parents
after they treat minors for sexually transmitted diseases, pregnancy, emergency
contraception, illegal drug use or severe depression.
State and local workers would have two business days to notify parents or legal
guardians by certified letters.
"We need to involve parents in a useful and productive path. It's a good public
policy," Lingamfelter said. He said parents have a right to know when their children
are in trouble.
Eleven opponents of the bill from several organizations spoke against the measure.
Several senators said they fear the bill would discourage minors from seeking treatment.
Potts, who chairs the Senate committee, said he had personal reasons for opposing the
bill.
"I grew up in a broken home, and I didn't have parents to count on to help me with
monumental decisions," he said. He added that he had support from other adults, but
not his parents.
Republicans Blevins, Potts and Quayle joined the seven Democrats in voting against HB
1499.
Also at the meeting, the Senate panel approved some significant anti-abortion
legislation.
On a 9-6 vote, it endorsed HB 1402, sponsored by Delegate Richard H. Black, R-Loudoun,
requiring parental consent for a minor to get an abortion. Currently, only parental
notification is required.
The committee had HB 1402 conform with Senate Bill 1124, sponsored by Sen. Kenneth W.
Stolle, R-Virginia Beach. Both bills require parental consent for abortions.
Houck joined the eight Republicans in voting for the parental consent legislation.
The panel also voted for HB 1541, which defines "partial birth infanticide."
Abortion rights advocates say the proposal, sponsored by Marshall, is an attempt to outlaw
a rarely used late-term abortion procedure.
The committee had Marshall's bill confirm with Senate Bill 1205, sponsored by Newman,
which has the same intent.
Again, Houck joined the eight Republicans in voting for the "partial birth
infanticide" bill.
The committee was unanimous in endorsing one bill: HB 1833, sponsored by Delegate Gary
A. Reese, R-Oak Hill. Under the proposal, women seeking an abortion would receive
information that portrays adoption as a positive alternative.