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Abortion ban after 15 weeks passed by West Virginia House

February 15, 2022 GMT
Democratic Del. Danielle Walker, a former abortion patient, speaks at a press conference at the West Virginia state Capitol in Charleston, W.Va. on Jan. 31, 2022 about a bill she’s proposing that would lift restrictions on abortion in the state. Republican lawmakers in West Virginia have already introduced a different bill this session that would ban abortion after 15 weeks — a proposal nearly identical to the Mississippi law currently under review by the U.S. Supreme Court. (AP Photo/Leah Willingham)
Democratic Del. Danielle Walker, a former abortion patient, speaks at a press conference at the West Virginia state Capitol in Charleston, W.Va. on Jan. 31, 2022 about a bill she’s proposing that would lift restrictions on abortion in the state. Republican lawmakers in West Virginia have already introduced a different bill this session that would ban abortion after 15 weeks — a proposal nearly identical to the Mississippi law currently under review by the U.S. Supreme Court. (AP Photo/Leah Willingham)
Democratic Del. Danielle Walker, a former abortion patient, speaks at a press conference at the West Virginia state Capitol in Charleston, W.Va. on Jan. 31, 2022 about a bill she’s proposing that would lift restrictions on abortion in the state. Republican lawmakers in West Virginia have already introduced a different bill this session that would ban abortion after 15 weeks — a proposal nearly identical to the Mississippi law currently under review by the U.S. Supreme Court. (AP Photo/Leah Willingham)
Democratic Del. Danielle Walker, a former abortion patient, speaks at a press conference at the West Virginia state Capitol in Charleston, W.Va. on Jan. 31, 2022 about a bill she’s proposing that would lift restrictions on abortion in the state. Republican lawmakers in West Virginia have already introduced a different bill this session that would ban abortion after 15 weeks — a proposal nearly identical to the Mississippi law currently under review by the U.S. Supreme Court. (AP Photo/Leah Willingham)
Democratic Del. Danielle Walker, a former abortion patient, speaks at a press conference at the West Virginia state Capitol in Charleston, W.Va. on Jan. 31, 2022 about a bill she’s proposing that would lift restrictions on abortion in the state. Republican lawmakers in West Virginia have already introduced a different bill this session that would ban abortion after 15 weeks — a proposal nearly identical to the Mississippi law currently under review by the U.S. Supreme Court. (AP Photo/Leah Willingham)

CHARLESTON, W.Va. (AP) — The Republican-dominated West Virginia House of Delegates passed a bill Tuesday that would ban abortion after 15 weeks, a piece of legislation almost identical to the Mississippi law currently under review by the U.S. Supreme Court.

The high court’s ruling in the Mississippi abortion case could lead to the overturning of its landmark Roe v. Wade decision, an outcome many conservative lawmakers in West Virginia indicated they are more than in favor of.

“If it was up to me, we would ban it outright,” Republican Del. Adam Burkhammer said of abortion, speaking on the House floor in support of the bill. “But that’s not the bill before us — we’re taking steps in a positive direction.”

Delegates also passed a bill Tuesday that would ban the in-state sale of fetal body parts from an induced abortion procedure in West Virginia. The bill does not apply to fetal body parts used for stem cell research or umbilical cord blood.

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Current law in West Virginia prohibits abortions after 20 weeks and requires women to undergo state-directed counseling and wait 24 hours before the procedure is provided. Parents must be notified before a minor receives an abortion.

There is currently only one facility in West Virginia that performs abortions: the Women’s Health Center of West Virginia in Charleston.

The 15-week abortion ban bill passed by West Virginia’s House 81-18 would prohibit abortions after that time period except in a medical emergency or in the case of a severe fetal abnormality. It provides no exceptions for victims of rape or incest.

After its passage in the House, Katie Quinonez, executive director of the Women’s Health Center, said the 15-week abortion ban is “cruel and so are the delegates who voted in favor of it.”

Many West Virginians don’t have the money to travel out of state, take time off work and pay out-of-pocket for an abortion, Quinonez said.

“White, wealthy people will always be able to get the abortions they want,” she said. “This bill will fall hardest on people of color, rural people, young people, and families with low incomes.”

Quinonez called the bill “yet another example of politicians dreaming up ways to control our bodies.”

“It is a racist and classist attack on working-class West Virginians,” she said.

The legislation will now move on to the state Senate, which is also dominated by Republicans.

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Democratic Del. Danielle Walker, a mother who has had an abortion and the only Black woman in the West Virginia legislature, said every year, the West Virginia Legislature spends time and resources chipping away at access to abortion care, which she called “a common, normal medical procedure.”

“The restrictions, the burdens and the harm continue to fall on people with uteruses,” she said. “When will the shackles and chains be broken from my uterus and other folks that have uteruses?”

During the discussion, two female Democratic lawmakers proposed an amendment that would allow for exceptions to the 15-week ban for victims of rape or incest. The amendment failed overwhelmingly.

Assistant Minority Whip Del. Lisa Zukoff said like Burkhammer, she believes life begins at conception. But she said she does think the 15-week ban bill goes too far.

Zukoff said there was a 14-year-old girl in her district in Marshall County who was raped by a family member and became pregnant. A law banning abortions after 15 weeks would have prohibited the child from receiving an abortion, Zukoff said.

“Is that fair to the girls of West Virginia? I don’t think it is,” she said. “I think we’re asking with this bill to trade one life for another, and to me, that’s just not acceptable.”

Republican Del. Kayla Kessinger said she believes more needs to be done at the legislative level to protect young women from sexual assault.

“It’s something we do not talk about enough in this body and in this country,” she said. But Kessinger spoke against the amendment, saying that providing an exemption for incest and rape victims when it comes to abortion would do nothing to stop incest and rape from occurring in the first place.

“I believe that circumstances surrounding conception should never determine the value of human life,” she said. “If we believe that life starts in the womb, then it is our obligation to protect and defend life regardless of the circumstances surrounding conception.”