A Democratic state legislator in West Virginia has earned the ire of pro-abortion activists by reintroducing a Pain-Capable Unborn Child Protection bill, which would ban most abortions after 20 weeks’ gestation, when medical experts say unborn babies’ nervous systems are developed enough to feel pain.
Under the proposed law, any practitioner found guilty of performing an abortion after 20 weeks could be punished with up to a year in prison and a $5,000 fine. The bill is similar to federal legislation pending in the U.S. Congress, which is expected to be voted on this Thursday.
The bill’s sponsor, Delegate David Perry (D-Fayette County), introduced a similar bill last year, which was passed by bipartisan majorities in both houses of the legislature. The Senate voted 25-9 and the House 79-17 in favor of the bill. Despite the strong bipartisan support, however, the bill was vetoed by self-proclaimed “pro-life” Democratic Gov. Earl Ray Tomblin. Tomblin cited concerns about constitutionality, and said he thought the bill inappropriately intruded on the relationship “between a woman and her doctor.”
A veto override requires only a simple majority in West Virginia, but last year, the Democrat-led House of Delegates proved unwilling to buck the governor’s decision despite their support for the bill.
Should this year’s iteration of the bill pass, Tomblin has vowed to once again veto it. This time, however, Republicans control both houses of the state legislature, making a veto override a strong possibility.
“I feel very confident that the bill will pass this session,” Perry told WOWK-TV. “Whether the governor signs it into law or not, one thing I think we have this year is we have the ability to override his veto.”
Pro-abortion activist Margaret Champman Pomponio of “WV Free” called the legislation “a severe, extreme bill that really intrudes on the patient-provider relationship.” Her group plans to hold a rally at the Capitol on Thursday to protest the bill.
