Pressured by McDonnell, House passes weakened ultrasound bill

After nationwide criticism and pressure from Gov. Bob McDonnell, the House of Delegates on Wednesday passed watered-down legislation that would no longer require women to undergo invasive ultrasounds before abortions.

The amended measure passed by the House would require all women having an abortion to undergo an abdominal ultrasound. If gestational age could not be determined through that method, the woman would be offered — but could decline — a vaginal ultrasound.

The measure's fate is uncertain. Even as the House debated amendments to the bill, its patron, Sen. Jill Holtzman Vogel, R-Fauquier, was announcing plans to kill it, citing feedback from constituents and doctors.

"There are moments when you are a legislator when you have to stop and you have to have a moment of real conscience," Vogel said. "I sort of had that moment this morning considering the outcome and the fate of this bill."

But another version of the bill is still alive. Today, the Senate Education and Health Committee will take up the House version of the bill, sponsored by Del. Kathy J. Byron, R-Campbell. Byron said she plans to amend her bill to match the House substitute — which would require an abdominal ultrasound.

Before the House amended the measure, the bill would have required invasive ultrasounds because, in many cases, vaginal ultrasounds are the only option early in a woman's pregnancy.

McDonnell, an abortion opponent who is widely considered a GOP vice presidential contender, made public Wednesday his disapproval of the measure — for which he had previously signaled support. The governor said in a statement that "mandating an invasive procedure in order to give informed consent is not a proper role for the state."

He added: "No person should be directed to undergo an invasive procedure by the state, without their consent, as a precondition to another medical procedure."

Del. David B. Albo, R-Fairfax, who sponsored the substitute that passed in the House 65-32, said the changes were a result of a meeting between McDonnell, his staff and members from the House.

After the vote, Albo said Vogel's decision to pull her bill was completely unanticipated.

"We didn't know about it until we voted the amendments on her bill," he said.

Regardless, he said the end result in the House was "exactly where I want to be," commenting that he felt the original measure was too rigid in its original form.

Even with the alterations, Democrats argued against the measure.

Del. Charniele L. Herring, D-Alexandria, said the substitute was still untenable.

"This is a prime example why legislators should not walk into the doctor's office and dictate what should happen," she said.

Proponents of the bill say clinics already routinely perform ultrasounds on women before abortions, including vaginal probes.

Abortion opponent Del. Robert G. Marshall, R-Prince William, on Wednesday rattled off a long list of guidelines from abortion facilities across the state noting that they performed ultrasounds.

Del. Jennifer L. McClellan, D-Richmond, said "the difference is, when those procedures are done it is because the doctor feels it is necessary and in the best interest of the patient. It is not because people in the General Assembly who don't have a medical degree have decided for them."

The bill has drawn national attention, including segments on "Saturday Night Live" and "The Daily Show" with Jon Stewart.

About 1,000 people rallied at the Capitol on Monday to oppose the bill and other abortion-related measures.

The pressure continued Wednesday with several groups advocating women's health delivering petitions with more than 33,000 signatures to the governor's office opposing the ultrasound legislation and a pending "personhood" bill, which would define life as beginning at conception.

Another rally is scheduled today at Capitol Square.

Seven states mandate that abortion providers perform an ultrasound on women seeking an abortion and require the provider to offer the woman the opportunity to view the image.

A recently released Christopher Newport University/Richmond Times-Dispatch poll showed that the majority of Virginians reject the measure. Of those surveyed, 55 percent say they oppose the legislation while 36 percent support it.

Albo said he thought opinions had shifted over the course of debate as people, including legislators, became aware of exactly how invasive the procedure was.

"I think a lot of us didn't understand, but the system works," he said. "Today, in my opinion, is an example of people listening to constructive criticism and coming up with the right solution."