Virginia House advances amendment to enshrine abortion in state constitution

The Virginia House of Delegates advanced Jan. 14 a proposed amendment aimed at enshrining abortion in the state constitution. 

The amendment would prevent any restriction on abortion during the first two trimesters, “unless justified by a compelling state interest and achieved by the least restrictive means.” The state would be allowed some regulations on abortion during the third trimester, unless “the life or physical or mental health” of the mother is at risk, or if “in the professional judgment of a physician the fetus is not viable.”

The measure was passed 51-48 in the House following a vigorous debate, with Democrats advocating for the need to preserve abortion in Virginia amid increasing restrictions in neighboring states, Virginia Mercury reported.

House Minority Leader Todd Gilbert (R-Shenandoah) criticized the amendment as overly broad, calling it a “word salad” and warning it could lead to abortions up to the moment of birth.

“It doesn’t embody Roe v. Wade in the least,” Gilbert said, according to ABC News. “In fact, it goes well beyond all of that to become the most extreme abortion measure in the nation and possibly the civilized world.”

Currently, Virginia law permits most abortions up to around 26 weeks of pregnancy. After that point, abortion is permitted if three physicians determine that keeping the baby will cause “the death of the woman or substantially and irremediably impair the mental or physical health of the woman.”

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