Virginia Democrats on Thursday went on the offensive against legislation they say threatens to undermine a woman's right to choose an abortion or even birth control.
House Bill 1, sponsored by anti-abortion Del. Robert G. Marshall, R-Prince William, would impart the rights of "personhood" to a human embryo at the moment of conception.
Democrats said establishing those rights at that stage would effectively make it a crime to terminate a pregnancy, or even allow women to use contraception that prevents the implantation of a fertilized egg.
"Their intention is to outlaw abortion and some forms of birth control," said Democratic Party of Virginia Chairman Brian Moran, a former leader in the House of Delegates.
He called the legislation "a blatant attack on women's constitutional rights to make their own health-care choices."
Marshall said in a statement last month that his bill creates "a civil cause of action for the wrongful death of an unborn child." He said the measure would provide "a legal remedy for parents whose beloved unborn baby is killed by the negligent or criminal act" of a third party.
In a brief discussion with reporters Thursday after an event on veterans legislation, Gov. Bob McDonnell reiterated his anti-abortion stance but said his staff would review the personhood bill to, among other things, determine if it is constitutional.
In Virginia, 21 clinics are licensed to perform first-trimester abortions; abortions in the second trimester must be performed at hospitals. Regulations signed recently by McDonnell will require those first-trimester clinics to conform to hospital standards within two years in order to continue operating.
Bills similar to Marshall's, along with legislation that seeks to restrict access to and the availability of abortion services, have been introduced in previous legislative sessions, only to perish in a Democratic-controlled Senate.
But this year, Republicans hold the lieutenant governor's tiebreaking vote in a chamber evenly divided with Democrats. The party on Wednesday took control and established a majority on the Education and Health Committee, where such legislation is likely to land after passing the GOP-dominated House of Delegates.
"Unfortunately we're not in a position to stop bills like this one like we once were," said Sen. A. Donald McEachin, D-Henrico, Senate Democratic Caucus chairman.
"Their assault on reproductive rights is a central part of their legislative agenda," he added, citing a survey that he said indicates six out of 10 Virginians oppose personhood bills.
Outnumbered Democrats also took another tack — suggesting that the GOP focus on social-issue legislation like the personhood bill was a dangerous detour from more pressing needs Virginians want lawmakers to address in the coming weeks.
Del. Charniele L. Herring, D-Alexandria, called it "extreme legislation and a distraction from the work we need to do."
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