CHARLESTON, W.Va. (AP) -
A bill being considered by West Virginia lawmakers would ban abortions that occur 20 weeks or later into pregnancy, which is when the measure's supporters contend that fetuses can feel pain.
Anti-abortion groups rallied Tuesday at the state Capitol in support of such legislation, the same day Senate President Jeff Kessler introduced the bill. It includes exceptions to protect the health of a mother facing an emergency medical complication.
West Virginians for Life President Wanda Franz said the bill is the group's top priority this session. The proposed law would focus on the needs of the developing child and would allow the unborn child to be recognized as a person. Franz said fetuses can feel pain at about 20 weeks.
Language in the bill defines an unborn child as a fertilized egg. About 12 states are considering similar bills this year.
According to the medical definition, pregnancy doesn't begin until a fertilized egg implants itself into the wall of the uterus.
Abortion rights supporters argue the legislation is an overreach of government into the practice of medicine and would target doctors with criminal charges and civil lawsuits.
West Virginia has among the lowest abortion rates in the country. But teen pregnancies are increasing here even though the rate is dropping nationally. State elected officials generally support anti-abortion measures and both Kessler and Gov. Earl Ray Tomblin spoke at Tuesday's rally.
"It is designed to stop abortions in unborn children after they can feel pain," Franz said of the bill. "We think this is a really important piece of legislation because it focuses attention on the needs of that baby and it forces us to recognize the baby as a person who is deserving of the interests of the state. The fact that he is feeling pain and suffering means we have an interest in trying to protect him."
Franz said that five states have passed similar laws.
Margaret Chapman Pomponio, executive director of WV FREE, which supports women's reproductive health choices, called the legislation "extreme" and said no scientific evidence exists to support Franz's claims that an unborn child feels pain.
"Politicians have no business trying to wade into the practice of medicine and redefining science," Pomponio said. "We need to focus on the children who are here. Bills on child abuse and human trafficking would be a more pro-active legislative effort versus punishing women in desperate situations or punish her doctor."
Doctors who violate the proposed law would face felony charges and civil lawsuits, according to the bill.
The majority of abortions are performed during the first trimester but West Virginia has no laws prohibiting third-term or late second-term abortions, Pomponio said.
Pomponio also criticized the bill because the emergency medical exemption is more limited than exemptions offered in other that states that allow the general protection of the mother's health. If a woman has cancer and needs chemotherapy an abortion would not be an option available to her under Kessler's bill, Pomponio said.
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