Pro-Life Legislation Wins Support in General Assembly

By Irene Lagan
Herald Staff Writer
(From the issue of 4/10/03)

Pro-life supporters won a major victory last week when lawmakers in the Virginia General Assembly voted in favor of two bills that will force abortion practitioners to be more accountable for certain procedures. The bills, which become law on July 1, passed despite Govenor Mark R. Warner’s attempts to alter the legislation by attaching amendments.

By votes of more than two-thirds majority in both the House and the Senate, legislators approved measures that ban partial-birth infanticide (SB 1205 and HB 1541) and that require minors to obtain written permission from parents before undergoing abortion (SB 1124 and HB 1402). Delegates Robert G. Marshall (R-13, Manassas) and Richard H. Black, (R-32, Sterling), who sponsored respectively the legislation, are both members of the Diocese of Arlington.

"I am very grateful that the barbaric procedure of almost fully delivering a child outside of the womb and then causing his or her death will be outlawed in the Commonwealth of Virginia," said Arlington Bishop Paul S. Loverde. "Every society should outlaw infanticide in whatever form it disguises itself."

Calling the recent votes "unprecedented in Virginia state history," Office for Family Life Director Robert Laird said the unusual victory shows how "remarkably pro-life the state is."

"In most legislative arenas, there only needs to be a majority vote to pass legislation. In Virginia, there must be a two-thirds majority," he said.

In addition, the late-term abortion practice called partial-birth infanticide will become a criminal offense punishable by a fine and a jail sentence. According to Marshall, the bill is different from previous bills. By carefully defining live birth infanticide and avoiding controversial abortion terminology, Marshall said the bill met with support in both the House and Senate, where legislators rejected Gov. Warner’s attempt to include an exception for the health of the mother.

"This bill defines the killing of an infant during live birth. Constitutionally, it is different from previous versions," he said. "Also, we allow an exception for the life of the mother according to the principle of double effect."

According to Delegate David B. Albo, (R-42, Fairfax), the bill is likely to pass "constitutional muster" because unlike previous versions of the bill, it targets the killing of an infant rather than prohibiting a procedure. "Even if the procedure is performed rarely, it is so gruesome and disgusting that it is worth stopping," Albo said.

Marshall said he hopes the bill will set precedent for similar legislation in other states. In addition, he said the bill has had "spill over effects" since it is the first time since 1973 that pro-life groups have been unified in their efforts to pass legislation that is sound "ethically, medically and legally."

Marshall said it is difficult to estimate how many lives will be saved as a result to of the new law, since data collection on partial-birth abortion procedures is inconsistent. However, he said that the fact the Planned Parenthood is opposed to a ban on partial-birth infanticide is one indicator that it does happen. Figures from the Alan Guttmacher Institute indicate 2,200 such abortions occurred nationwide in the year 2000.

Delegate Black, who sponsored the parental consent bill, believes there will be a significant decrease in the number of abortions as a direct result of the new parental consent law.

"Based on statistics from other states with similar parental consent laws, we can expect a drop of about 24 percent in the total number of abortions. In Virginia, that would mean 6,000 fewer abortions," he said.

"I am encouraged and grateful that the men and women elected by the people of Virginia to the General Assembly have come together in their elected capacities to promote and protect the dignity of the human person," the bishop said. "Children are entrusted by God to their parents, and as such parents are responsible for the physical, psychological and spiritual welfare of their children."

Black introduced the parental consent bill last year, but said it was blocked in the Senate when one senator refused to cast a vote that would break a tie. The current parental notification rule mandates only that parents be notified when a teenager has an abortion. Under the new law, teenagers must have written approval that has been officially notarized in order to obtain abortions.

Gov. Warner, who is opposed to the law, sought to eliminate the requirement that the permission be notarized. However, the new law does permit a judicial bypass whereby a judge can intervene and allow a teen to have an abortion without parental consent.

"We are going from a very weak notification law to a very robust law," Black said. "The Virginia General Assembly is just now catching up with the people of Virginia. Most parents are shocked to discover that their children can have abortions without their consent."

Pro-abortion Delegate Brian J. Moran, (D-46, Fairfax), also from within the Diocese of Arlington, opposed the bill. "The gubernatorial amendments should have been adopted," he said. "They were rejected on ideological grounds."

Moran voted in favor of the ban on partial-birth infanticide, but said, "it is questionable as to whether or not it even occurs."

Bishop Loverde expressed gratitude to Delegates Black and Marshall, along with Senator Ken Cuccinelli (R-37, Centreville) and other legislators who supported the pro-life measures, for their "untiring work on behalf of unborn children and their parents in building a culture of life."

"Their Christian witness in defense of human life and its promotion in the state legislature is a shining example of what Catholic legislators are called by Christ and His Church to do, in collaboration with their colleagues who are likewise committed to the total welfare of the human person," he said. "These two pieces of legislation are clear victories for the dignity of the human person from conception onward. Today the culture of life has taken a major step forward."

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