RICHMOND — Gov. Bob McDonnell signed legislation today that will require women to submit to an abdominal ultrasound procedure before having an abortion, punctuating an emotionally charged debate that drew protesters to the state Capitol and put Virginia in the national spotlight.
McDonnell’s decision to sign the bill was not a surprise. The Republican governor last month called on lawmakers to amend the legislation after realizing that it could require women to submit to a more invasive “transvaginal” procedure in order to terminate an early-stage pregnancy. Lawmakers made those changes before sending the final version of the bill to the governor’s desk last week.
“I do not believe any woman should be required by the state to undergo such an ultrasound, without her consent, as a precondition to another medical procedure,” McDonnell said in a statement. “The bill I signed today ensures that will not occur.”
HB 462, which takes effect July 1, will limit the state mandate to an external, abdominal ultrasound. It also includes an exception for victims of incest and rape who report the crimes to police.
But weakening the law did little to quell the public firestorm that surrounded it. McDonnell signed the bill just four days after hundreds of protesters marched on Capitol Square to decry the legislation. Police arrested 30 of the demonstrators.
The bill’s sponsor, Del. Kathy Byron, R-Bedford County, said last week that she received “vile phone messages” and “obscene emails” as debate over the legislation intensified.
Abortion rights advocates vehemently oppose the law, arguing that it amounts to government intrusion into health care decisions of patients and physicians.
“No one should be forced by Bob McDonnell or the government to undergo a medical procedure against their will,” said Tarina Keene,the executive director of NARAL Pro-Choice Virginia. “Women should have the option of having an ultrasound, not forced to undergo a completely unnecessary procedure prescribed by politicians instead of doctors.”
Democratic leaders have denounced the bill as an example of overreach by Republicans who control both houses of the General Assembly.
Sen. Janet Howell, D-Fairfax County, who repeatedly denounced the legislation on the Senate floor, said McDonnell “is putting his own personal beliefs before Virginia women and is making them go through an unnecessary, costly and intentionally traumatizing medical procedure.”
The bill passed the evenly divided Senate by a vote of 21-19.
“It is so sad that Bob McDonnell cares more about pandering to his extreme conservative political base than the rights of women,” said Sen. Louise Lucas, D-Portsmouth.
McDonnell said the ultrasound mandate is a logical extension of Virginia’s “informed consent” law governing abortion procedures.
“As difficult as an abortion decision is, the information provided by ultrasounds, along with other information given by the doctor pursuant to current law and prevailing medical practice, can help the mother make a fully informed decision,” McDonnell said.
“This bill does not legally alter a woman’s ability to make a choice regarding her pregnancy,” McDonnell added. “It does, however, put Virginia in line with 23 other states that have some type of requirement that a woman be offered a view of an ultrasound before an abortion can be performed.”
But some opponents of the bill said the external ultrasound procedure will reveal nothing for women in the early stages of a pregnancy, when most abortions occur.
Anti-abortion groups commended McDonnell and legislative supporters for standing behind the bill in the face of angry protests.
“The signing of this bill today shows that the governor understands the need to support human life and to provide greater protection to the women by obtaining relevant and critical information before making the irreversible decision to abort their unborn child,” said Olivia Gans, president of the Virginia Society for Human Life.
Victoria Cobb, the president of the Family Foundation of Virginia, said: “We are very pleased that the governor ignored the hysterical rantings of the abortion industry and its defenders and signed this reasonable, common sense measure into law.”
McDonnell acknowledged that the abortion issue has raised “passionate feelings” but said he considers it important to “embrace a culture of life.”
“I believe that we become a more compassionate society when we enact reasonable legislation to protect innocent human life,” McDonnell said.
– Michael Sluss