Bills providing for A Woman’s Right to Know – Informed Consent Before an Abortion – passed both houses of the Virginia General Assembly and were signed by Governor Gilmore on March 26, 2001. “I am very pleased that, after several years of trying, the House and Senate have finally succeeded in passing legislation to require informed consent and establish a 24-hour waiting period for abortion,” the Governor said in a press release. “I congratulate Delegate Bob McDonnell and Senator Randy Forbes for their courageous efforts to secure the passage of this legislation.”

“Virginians recognize that no woman can make an informed choice in an informational void,” said VSHL President Louise D. Hartz. VSHL State Legislation Director Fiona Givens explained, “This Woman’s Right to Know bill will empower all women in the Commonwealth who are considering abortion with the information they need to make an informed choice.”

The bills will require, at least 24 hours before an abortion, that a woman be told the probable gestational age of the baby at the time of the projected abortion; given a full medical explanation of the nature, benefits, and risks of and alternatives to the proposed procedures; instructed that she may withdraw her consent at any time prior to the procedure; and offered an opportunity to speak to the physician who is to perform the abortion to answer her questions. In addition, she must be offered the opportunity to review printed materials to be published by the Virginia Department of Health giving detailed information on alternatives to abortion, on scientifically accurate medical facts about the development of her unborn child, and on commonly employed abortion procedures.

For years, similar bills have passed the House of Delegates only to die in the Senate Education and Health (E&H) Committee. The key to success this year was the bill’s assignment to the Senate Courts of Justice (CJ) Committee where it was finally sent to the Senate floor on an 8-7 vote (see vote S2).

Initially, the Senate bill (SB1211) was sent to the E&H Committee. However, the bill’s chief patron, Sen. Randy Forbes (R-Chesapeake), invoked a rarely used procedure and asked the Senate Rules Committee to consider reassigning the bill to the CJ Committee. They did so by a 10-6 margin (see vote S1); without this critical victory, the legislation would never have gotten to the Senate floor.

Another key to success was the defeat of amendments on the House and Senate floors that would have weakened the provisions for informed consent. One related to the essential requirement for a 24-hour waiting period. Amendments to remove the mandatory 24-hour wait were introduced in the House by Del. Brian Moran (D-Alexandria) and in the Senate by Sen. Leslie Byrne (D-Falls Church). They were defeated on votes of 36-62 and 15-22 respectively (see vote H1 and vote S3). “The twenty-four hour reflection period is a crucial part of this legislation. It allows the woman some time to weigh her decision and its alternatives,” said Mrs. Hartz.

Amendments to remove all references to printed materials were introduced by Del. Whitt Clement (D-Danville) and Sen. Toddy Puller (D-Alexandria). These were defeated by 38-60 in the House and by 15-23 in the Senate (see vote H2 and vote S4).

Various other amendments were offered in the House by Delegates Viola Baskerville (D-Richmond), James Shuler (D-Blacksburg), and Vivian Watts (D-Annandale); and in the Senate by Senators John Edwards (D-Roanoke), Janet Howell (D-Reston), Louise Lucas (D-Portsmouth), Patsy Ticer (D-Alexandria), and Mary Margaret Whipple (D-Arlington). All lost.

The bill in the House, HB 2570, passed on a 64-34 vote (see vote H3) and the Senate bill passed by a 24-16 margin (see vote S5). Each bill then crossed over to the opposite House and was passed (see vote H4 and vote S6).

Much credit goes to the chief patrons of these bills, Del. Bob McDonnell (R-Virginia Beach) in the House and Sen. Forbes in the Senate. In addition to introducing the bills, they were the ones who stood on the floor during debate, defending the provisions in the bills and arguing against weakening modifications.

Credit is also due to you, the pro-life people of Virginia. Your strong support was a very important component of the strong margins by which these bills passed the General Assembly. An example of your diligence is the over 23,000 letters and petitions from Virginia citizens expressing their support for this legislation that deluged the office of Senator Forbes.

This issue has been active in Virginia since 1979 when the first informed consent bill was proposed. That bill was passed but only after it was substantially weakened to only require the abortionist to tell a woman of medical risks “if any” in her particular situation. Now Virginia is finally enacting provisions that were first proposed twenty-two years ago.

Published in VSHL Lifesaver, April 2001