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VA Senate Shelves Personhood Until 2013
Bill approved by Senate committee, but Senate sends it back.
The Virginia Senate voted 24-14 Thursday afternoon to send the "personhood" bill back to committee and carry it over to 2013.
Senate Republican Leader Tommy Norment of James City County made the motion to shelve the bill, saying more study is needed.
The vote came hours after the Senate Education and Health Committee endorsed the measure on an 8-7 party-line vote, with Democrats voting against it.
Original story:
A bill supporting Personhood – defining that life starts at conception – was approved Thursday in a Virginia Senate Health and Education committee hearing.
Eight Republicans voted for HB1, and seven Democrats opposed it after an hour-long hearing.
The bill passed after an amendment clarifying that no provision in it would restrict the use of FDA-contraception.
The bill, introduced by GOP U.S. Senate candidate Del. Bob Marshall (R-Manassas), provides that “unborn children at every stage of development enjoy all the rights, privileges, and immunities available to other persons, citizens, and residents of the commonwealth, subject only to the laws and constitutions of Virginia and the United States, precedents of the United States Supreme Court, and provisions to the contrary in the statutes of the commonwealth.”
The vote now sends the bill to the full senate, where Democrats and Republicans hold 20 seats apiece. Gov. Bob McDonnell (R) has not said whether he would sign the bill.
The committee also approved a bill requiring pre-abortion external ultrasound exams. It was amended to eliminate ultrasounds requiring an invasive ultrasound probe.
Committee chairman Steve Martin threatened three times to have police remove opponents of the bill after they spoke out during debate.
After the bill was passed, women spilled into the hall, crying and screaming “Shame!” and "Women will not be silenced!" according to The Washington Post.
Capitol police forced them outside the building, where they continued to protest.
The House has already passed the bill. Similar legislation passed the House last year, but died in the Senate, which was then controlled by Democrats. A similar bill passed in Missouri, but voters in Mississippi and Colorado rejected measures.
“The Republicans are turning Virginia into the laughingstock of the country," said Sen. Richard Saslaw (D-Fairfax), echoing what US Senate candidate Tim Kaine said on Wednesday.
"If a fetus is a person, can a pregnant woman use HOV lanes? The Virginia state legislature is not a doctor. Republicans need to get their heads out of the exam room and the personal lives of Virginians. With two weeks left in the session, when will we start doing the work of the Commonwealth?”
Advocates of this legislation claim that HB 1 merely creates a legal cause of action in the event of the wrongful death of the fetus.
Mike James
1:07 pm on Thursday, February 23, 2012
While person hood may start at conception, intelligence in the later development of the Republican species has not been established. There goes all forms of contraception. If anybody thinks the Republicans are gonna survive this are living on planet ignorant. I'm surprised the Republicans didn't have the women pilloried for speaking up, maybe they will pass a stoning bill for those uppity women next.
Kathy
1:38 pm on Thursday, February 23, 2012
"maybe they will pass a stoning bill for those uppity women next."
They have the votes. For now.
Kathy Kaplan
Stu Gibson
1:41 pm on Thursday, February 23, 2012
"Personhood" -- that is whether there is a human soul -- is a question of theology, and therefore falls within the realm of religion. It clearly lies outside the authority of the General Assembly. There is widespread disagreement among the world's religions about when the soul attaches. Judaism teaches that the soul attaches when the head and shoulders emerge from the womb. Until the mid-19th Century, even the Catholic Church did not teach that a fertilized egg had a soul. Instead the Church believed that "ensoulment" occurred at the time of "quickening," somewhere around the end of the first trimester. Matters of theology must be left to the various religions, and should not be entrusted to politicians. Jefferson knew this. Why doesn't Bob Marshall?
Arielle Masters
1:59 pm on Thursday, February 23, 2012
Excellent response, Mr. Gibson. They need to get their religious beliefs out of mine.
Arielle Masters
1:58 pm on Thursday, February 23, 2012
New state slogan: Virginia Is for Lovers of Zygote Personhood! UGH!!!!!!!!!!!!!!
You know, if they truly do believe in this absolutely ridiculous, religious bill then we have a bunch of problems besides the obvious ones applying to pregnant women who have miscarriages or want abortions.
Couples who go for fertility treatment and have multiple embryos - murder charges if they don't maintain all embryos ad infinitum, let alone if too many take and they need to reduce. That wouldn't be allowed.
And if human life begins at conception (not that this is my belief, not at all, but they're trying to legislate it to be forced upon me because of their religious beliefs), then logically so does all animal life begin at conception (or are they going to claim it's only sentient beings and then try to legislate that?). Guess those artificially inseminated zoo and wildlife preserve animals' keepers are in big trouble if a fertilization attempt doesn't take or if, heaven sakes, the host animal dies before the baby-to-be is born.
Example court case: Charge: willful death of a zygote elephant. Penalty: ????? What, jail time? You think the world is laughing at Virginia now, just wait.
Mike James
2:02 pm on Thursday, February 23, 2012
The only conclusion is that Bob Marshal thinks he's God and therefore is way more knowledgeable then all those religions. The only way for these religions to prove they are relevant is to get into other peoples "business". What better way to do that then to pass laws that directly affect the peoples business. When you put something in between you and God you have outsourced "your will" to "their will" and will suffer the consequences of doing that as we will shortly see here. Perhaps we should move the discussion over to why we as taxpayers are subsidizing any religion through various tax breaks that are given as donations. If churches wish to act as political structures they certainly shouldn't get my tax dollars to vote against my best interests.
Arielle Masters
2:05 pm on Thursday, February 23, 2012
You know, Mike, that's been running through my head a lot lately as well: churches and taxes. I think they've overstretched their original exemption reasons by a huge margin and should no longer get any tax breaks except on their charitable contributions (ie. when they're helping the poor directly). Which politician would be willing to sponsor such a bill for Virginia?
Mike James
3:09 pm on Thursday, February 23, 2012
If cutting social security is the third rail of politics then not giving tax exemption status to churches would be Armageddon for any politician who suggested it. The Christians killed Dr.Tiller, what do you think they would do to someone who suggested such a thing. Just like saying that getting an ultrasound rape is good for women, we could frame it like this to the churches: without tax exemption status your church can now get unlimited donations and are free to say exactly what you want and act exactly as you wish since you will be free from the mandates of the federal government. It would be like Citizen's United except for religious institutions. With regards to your suggestion of helping the poor directly I agree with you. There is even biblical reference to this. It says you should tithe 10% of your income to the church. The Government could say: if you use only 10% of your donations for all expenses (includes payroll, prostitutes and drug parties) and the other 90% goes directly to helping people (not proselytizing) then you can keep your tax exempt status. This is win-win for all us, churches no longer have to lie about what they are actually doing and we are free to give donations from our hearts and not because we are getting a tax exemption.
Stu Gibson
3:40 pm on Thursday, February 23, 2012
The full Senate of Virginia voted this afternoon, 24-14, to "recommit" the bill back to committee. Six Republicans joined 18 Democrats to defeat this bill.
Arielle Masters
3:53 pm on Thursday, February 23, 2012
Thankfully!!! It's a start, anyway. Just heard it on NPR as I was heading downstairs to type what I'm putting below...
Karen Goff
3:55 pm on Thursday, February 23, 2012
Yep. We just updated the top of the story to reflect that.
The Convict
3:46 pm on Thursday, February 23, 2012
I know that this is a going to be an unpopular position to take, but just ignore the religious implications of personhood and ask yourself the question "Biologically, when does a human become a human?" To me, the answer to that question is clearly at the moment of conception. Terms like fetus, infant, toddler, adolescent, adult, senior, corpse -- these are just labels attached to the various stages of human development. The essence of being human is biology.
With that said, I personally don't have a serious problem with abortion right up until the fetus is viable without support outside of the womb. Under my definition, would that be murder? If you are defining murder as the willful taking a human life, then, yes. But then there are lots of willful acts of taking of human life that I don't have a serious problem with.
While I agree then with the conclusion of the Personhood bill, what I do take exception to is the implication and the likely fall out of such a bill. If fetuses are humans, then abortion immediately becomes murder and preventable miscarriages become manslaughter, failure by the mother to take care of her body during pregnancy could be construed as child abuse or child neglect. There are a whole host of other ideas that would need to be addressed for everybody's comfort before I would feel comfortable with codifying "Personhood".
Stu Gibson
4:14 pm on Thursday, February 23, 2012
"Ignore the religious implications?" Isn't religion the reason for the anti-abortion movement?
The Convict
4:57 pm on Thursday, February 23, 2012
It might be the driving force behind the bill, but if you agree that a human is a human at the moment of conception and that the willful taking of another human life (without the benefit of a legislative exception) is murder, then taking a stance against abortion doesn't necessarily have to be about "religion".
From where I'm sitting, the whole bit about religion only muddies the ethical concerns regarding a fetus' status and rights. However, no matter the Pro-Lifer's motivations with this piece of legislation, I believe that they would do ANYTHING that they can (without getting themselves into too much trouble) in order to end abortion in the Commonwealth.
Arielle Masters
4:04 pm on Thursday, February 23, 2012
More ludicrous but still, if this [omitted] law should ever pass:
* buying tickets. There are many venues for which EVERYONE present must have a ticket, including infants. This could get expensive. Even harder: if the venue requires even infants to have their own seats.
* carseats. All those manufacturers and government organizations will have to change the wording to specify that infant carseats are not legally required for an embryo or fetus to whom the mother has not yet given birth. Strollers - strengthen weight disclaimers.
Arielle Masters
4:08 pm on Thursday, February 23, 2012
Have been mulling over additional implications should the [adjectives omitted so as not to offend sensitive psyches] "personhood" bill ever pass.
* As far as I'm concerned, it's not a human with its own rights, etc. separate from mine until it's out of my body and living and breathing.
* If the government decides just-conceived embryos are now "people" then any pregnant woman should therefore be able to use this to her advantage, just as she would with an actual child, and:
*** get a SSN for that embryo
*** get a tax writeoff for that embryo
*** start saving for college for that embryo in one of those special accounts
*** start savings accounts and stock portfolios for that embryo
*** make donations - including political donations, possibly - on that embryo's behalf
*** ride in the HOV-2 lanes by herself (plus embryo) - and HOV-3 lanes if even one other actual human is in the car, INCLUDING if she's pregnant with twins, triplets, or more
The Convict
5:01 pm on Thursday, February 23, 2012
It also makes one wonder whether having sex with your pregnant wife wouldn't make both parties guilty of child sexual abuse.
Would having ONE drink while pregnant make a woman guilty of serving alcohol to a minor?
Would it be illegal for a pregnant woman to view pornography as contributing to the delinquency of a minor?
Scott
6:55 pm on Thursday, February 23, 2012
Shelved til 2013 - that is shocker - election time and uproar runs through VA!!! We have bigger issues in the state. Leave women alone and more over leave their body alone. Unless invited its unwanted.
Chris
7:09 pm on Thursday, February 23, 2012
Smart move! Wait until next year! Those bills will pass!!!!! Wrong Mr. Gibson, I am not "religious", but abortion is wrong!!!
Isaac Cohen
1:04 pm on Friday, February 24, 2012
Chris, Then the Republican Party will become the Used-To-Be Party.
We are not promoting abortion, that is not it. We are all Pro-life as you would identify yourself. But none of us walks in another woman's shoes, as my wife tells me. We can only make it safe, legal and rare. and you make it rare by making contraception available, and by raising the standard of living and by not removing safety nets. These hypocrits vote against TANF funding and then still claim to be prolife. I don't think you can really be prolife unless you also are willing to take care of the mother and child after birth. Pack of hypocrits!!!!
Chris
6:53 pm on Friday, February 24, 2012
Isaac, your wife does not speak for all women. Aside from cases involving rape, women really do choose to become mothers. Most times pregnancy is free will. Sorry but women have to take some responsibility. If she feels she is too young to be a mother, she shouldn't engage in activities leading to unwanted pregnancy. This might sound cold, but it is her "fault", her partners fault, and nobody else's. I think there are clinics that already available to low income/young women who need help purchasing birth control.
Amy
10:35 am on Saturday, February 25, 2012
Not if the Republicans have their way. They are already trying to make sure insurance policies don't have to pay for birth control and de-fund those clinics for low-income women, which will have the effect of limiting their access not only to birth control, but cancer screenings and other "well-woman" care.
As far as I'm concerned, insurance plans that don't cover birth control should not cover Viagra or Cialis either.
Mike James
8:40 am on Friday, February 24, 2012
Across the blog sphere it has been duly noted that in order for those bills to be aborted we will need to abort the careers of the politicians who brought this clown circus to our towns and states. The mobilization has begun, the forces of truth will win. When we are united in our quest for freedom from religious tyranny nothing can stop us. This is our Arab spring... hear freedom roar!
Harry Locock
3:40 pm on Friday, February 24, 2012
"Arab Spring"--how's that working out?
Mike James
5:13 pm on Friday, February 24, 2012
quite well Harry, freedom is a messy business, any one who has ever fought for freedom knows this.
Amy
1:19 pm on Friday, February 24, 2012
The Republicans only care about a woman's rights until she is born. The moment she pops out of the womb, she's out of luck.
I still don't understand how a party that claims the government is too intrusive when it comes to financial, property, and environmental issues is trying to get government to be even more intrusive when it comes to people's private lives and medical decisions.
Will Radle
2:17 pm on Friday, February 24, 2012
Radical Republicans are being forced to wait until after the 2012 election before pushing their agenda of invasive procedures and regulations. Clearly, we cannot afford to hand them the Presidency and our liberty.
A. Will Radle, Jr.
Democratic VA8 Candidate
www.VA8.com
T Ailshire
4:31 pm on Friday, February 24, 2012
So let's elect Democrats who want to ensure that every person in America relies in some way, shape, or form, on government benefits, circumstances be damned.
And Democrats who want to ensure liberty extends right up to, but not including, 2nd Amendment-guaranteed liberties.
BOTH parties need a good kick in the pants to wake up and get real.
T Ailshire
4:30 pm on Friday, February 24, 2012
I'm surprised no one has mentioned the effect on redistricting. Every pregnant woman will count as two (at least).
And every woman of childbearing age who's had sex recently *might* be pregnant - shall we count them as 1 and 3/5 person? 1.21479? Will Senator Vogel and Delegate Marshall be prepared with statistics on the number of sexual encounters that result in pregnancy?
Aalliiee Marie
1:02 pm on Sunday, February 26, 2012
I've voiced my opinions on many issues on this site, but none have made me feel as upset, violated, and infuriated, as these two bills that the Conservatives aim to push through the system. I have always been and always will be a huge feminist and adamantly Pro-Choice, but up until this point, I've also stayed out of debates such as these. But under the circumstances, I will stay silent no more. No matter what delusions the GOP is under, WE [WOMEN] ARE PEOPLE, TOO, AND WE DESERVE AND EXPECT TO HAVE THE SAME RIGHTS, PRIVILEGES, AND IMMUNITIES AS EVERYONE ELSE IN THIS COMMONWEALTH, whether they be men, children, or fetuses. By just drafting this bill, the creators of these unnecessary regulations have, in essence, already overturned part of the Roe v. Wade Supreme Court decision. What's next? The Nineteenth Amendment repealed? The return of the 3/5ths Compromise? I don't want to be around to find out. As stated in earlier comments, some Conservatives in today's society are just plain hypocritical, opting for less government regulation in most matters, but still thinking that they have the right to exercise unneeded and uncalled for control of women's personal and medical decisions. Who drafted and voted for this bill? A bunch of men. Who will be affected the most by this law, assuming it passes? Women. The protestors in Richmond last week had the right idea. We need to fight this. Now.