Abortion in Virginia

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Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. [1] Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Contents

In a landmark 1975 case, Bigelow v. Virginia, the U.S. Supreme Court delivered a pivotal ruling that declared state bans on abortion clinics advertising their services unconstitutional. This decision marked a turning point, ensuring that abortion providers in Virginia and across the country could openly communicate and provide information about their services to the public.

Abortion statistics in Virginia have revealed that there were 20,187 legal abortions performed in 2014, and this figure slightly decreased to 18,663 in 2015, providing insights into the scale of abortion procedures within the state's legal framework.

History

Virginia's journey through the legislative, judicial, and clinic histories regarding abortion underscores the state's ever-evolving approach to reproductive healthcare. Dating back to the late 1800s, when Virginia, akin to many states, implemented bans on abortion with therapeutic exceptions, the state aimed to navigate the delicate balance between protecting women's lives and regulating abortion practices. Over time, pivotal legal shifts reshaped Virginia's abortion landscape, starting with significant reforms in 1970 to align its laws with evolving legal standards.

In the 2023 United States elections in Virginia, Democrats retook full control of the General Assembly after campaigning on abortion rights, following Governor Glenn Youngkin's promise to institute a 15-week abortion ban in the state if the Republicans gained a majority. [2]

Legislative history

Virginia's legislative history regarding abortion reflects a continual evolution of laws and regulations that have shaped access to reproductive healthcare. In the late 1800s, the state, like many others, had bans on abortion, with therapeutic exceptions. These exceptions allowed for abortions in cases where the mother's life was in danger. The legislation was aimed at reducing fatalities resulting from unsafe abortion procedures during that era.

In 1970, Virginia made significant reforms to its abortion laws, following the American Law Institute's Model Penal Code. This marked a shift in the state's approach to reproductive rights, aligning its regulations with evolving legal standards.

Throughout the following decades, Virginia introduced various regulations impacting abortion access. By 2007, the state was among those with detailed abortion-specific informed consent requirements, ensuring that individuals seeking abortion were provided specific information before the procedure.

In 2013, Virginia implemented Targeted Regulation of Abortion Providers (TRAP) laws, imposing stringent requirements not only on abortion clinics, but also on private doctor offices and medication-induced abortions. These regulations sparked debates around their impact on access to abortion services and the health-care landscape.

In mid-May 2019, Virginia passed legislation banning abortion after the 25th week of pregnancy, further influencing the timeline for legal abortion procedures in the state.

In April 2020, Governor Ralph Northam signed bills removing certain abortion-related regulations. These bills eliminated requirements such as mandatory ultrasounds and social counseling on abortion alternatives 24 hours before the procedure. They also expanded health-care professionals authorized to perform first-trimester abortions, and removed the designation of facilities performing more than five abortions annually as hospitals.

Presently, Virginia prohibits abortions in the third trimester, except when continuing the pregnancy poses an imminent danger to the woman's life, as certified by a physician. This requires the certification of three doctors if terminating the pregnancy is deemed necessary due to the likelihood of the patient's death or substantial and irremediable impairment to her mental or physical health.

On February 7, 2024, the Virginia House rejected a bill that would have instituted a near-total abortion ban. [3]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [4] (However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [5] [6] )

The judicial history of abortion in Virginia is emblematic of the intricate and contentious legal terrain that has defined reproductive rights in the United States. Preceding the watershed ruling of Roe v. Wade in 1973, Virginia, like many states, enforced stringent abortion regulations. In 1972, the constitutionality of Virginia's abortion statutes came under scrutiny in the case of "United States v. Vuitch," ultimately reaching the hallowed chambers of the U.S. Supreme Court. The decision in Vuitch, though not a sweeping invalidation of Virginia's abortion laws, did provide essential elucidation on the criteria for medical judgment in determining the necessity of an abortion.

In the wake of the Roe v. Wade decision, Virginia, like its counterparts, was compelled to recalibrate its abortion laws to align with the newfound constitutional framework. The 1975 Supreme Court case "Planned Parenthood of Central Missouri v. Danforth" reaffirmed the principles established in Roe, thus necessitating the amendment of Virginia's abortion laws to fall in line with the constitutional mandate. Hence, during the first trimester, the state could no longer impose undue restrictions on abortion, safeguarding a woman's right to choose during this critical period.

Clinic history

Number of abortion clinics in Virginia by year Number of abortion clinics in Virginia by year.png
Number of abortion clinics in Virginia by year

Between 1982 and 1992, the number of abortion clinics in the state declined by seventeen, going from 81 in 1982 to 64 in 1992. [7] In 2014, there were eighteen abortion clinics in the state. [8] In 2014, 92% of the counties in the state did not have an abortion clinic. That year, 78% of women in the state aged 15–44 lived in a county without an abortion clinic. [9] In 2017, there were five Planned Parenthood clinics, of which four offered abortion services, in a state with a population of 1,971,590 women aged 15–49. [10]

In 2017 17,210 abortions were done in Virginia. Not all of these were done for people who were residents of the state, many people had to travel from farther due to their state not providing this option.

On May 9, 2007, an unidentified person deliberately set fire to a Planned Parenthood clinic in Virginia Beach, Virginia. [11]

Statistics

In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15–44 of between 0.1 and 0.9. [12] In 1990, 745,000 women in the state faced the risk of an unintended pregnancy. [7] In 2010, the state had two federally funded abortions. [13] In 2013, among white women aged 15–19, there were 1,090 abortions, 1,280 abortions for black women aged 15–19, 250 abortions for Hispanic women aged 15–19, and 190 abortions for women of all other races. [14] In 2014, 55% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [15] The 2023 American Values Atlas reported that, in their most recent survey, 71% of Virginians said that abortion should be legal in all or most cases. [16] In 2017, the state had an infant mortality rate of 5.9 deaths per 1,000 live births. [17]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [18]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
South Atlantic269,200261,990263,60025.924.624.7–5
Delaware5,7305,7904,09035.234.424.1–32
District of Columbia21,32021,09020,790138.4151.7154.512
Florida84,68087,50094,0503030327
Georgia39,68036,94037,3202421.221.1–12
Maryland31,26030,52031,31026.425.626.30
North Carolina36,18034,60033,55022.42120.2–10
South Carolina12,19011,0209,94014.212.911.6–19
Virginia35,02031,48029,94022.72018.9–16
West Virginia3,1403,0502,6107.77.66.6–14
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Virginia20,44412.119820,18712.01955.92014 [19]
Virginia18,5011117918,66311.11815.22015 [20]
Virginia16,91310.116517,05810.21666.02016 [21]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births
Reported or polled legal abortions in Virginia
YearTotalRatio*Rate**Percentage of abortion by out-of-state residents
1980 [22] 31,958408245.9%
1981 [23] 32,037404255.8%
1982 [24] 31,869393255.8%
1983 [24] 31,339388245.6%
1984 [25] 31,550382235.6%
1985 [25] 31,951372235.8%
1986 [26] 32,619374255.6%
1987 [26] 32,930365245.5%
1988 [27] 34,029367245.9%
1989 [28] 33,186344226.0%
1990 [29] 32,992334216.0%
1991 [30] 31,943330215.9%
1992 [31] 29,641306196.0%
1993 [32] 28,285301185.9%
1994 [32] 26,369279176.3%
1995 [33] 25,302277155.7%
1996 [34] 25,770279165.8%
1997 [35] 27,260297175.7%
1998 [36] 26,115277165.8%
1999 [37] 28,388297186.3%
2000 [38] 28,627289186.2%
2001 [39] 24,586249156.1%
2002 [40] 24,992251165.7%
2003 [41] 26,437261174.8%
2004 [42] 26,117251165.1%
2005 [43] 26,309252164.7%
2006 [44] 27,349254165.3%
2007 [45] 27,981257175.5%
2008 [46] 28,698269176.2%
2009 [47] 27,442261167.0%
2010 [48] 25,953252157.1%
2011 [49] 25,413248157.0%
2012 [50] 22,916222136.6%
2013 [51] 20,852204125.6%
2014 [52] 20,187195125.9%
2015 [53] 18,663181115.2%
2016 [54] 17,058166106.0%

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. A meme surfaced in 2019 with roughly over 70,766 shares. Practically misrepresenting Virginia Governor Ralph Northam “aiming to ease restrictions for third-trimester abortions in the state”. Northam was referring to Bill HB 2491, introduced by Kathy Tran proposing changes in the restriction for third trimester abortions. Stop the Bans were rallies circling the “concerns of women’s rights, [asserted] that politicians should not be making medical decisions about women’s bodies”. Governor Northam faced backlash over such comments from the Pro-life community. Northam's committee was quick to the press and stated the comments were taken out of context and Governor does support abortions in order to save the pregnant individual's life. [55] [56]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters rallied at Lafayette Park in Norfolk, [57] and in Richmond hundreds of abortion rights protesters marched from the Federal Court building to City Hall. [58]

In Richmond, Virginia on March 29, 2023, two people were arrested after a physical fight broke out between anti-abortion protesters and abortion rights protesters at Virginia Commonwealth University. [59]

Anti-abortion views and activities

"Silent Siege" where youth prayed silently for the ending of abortion. April 26, 2008, in Richmond, Virginia. Silent-Siege-April-26-2008-Richmond-Virginia.jpg
"Silent Siege" where youth prayed silently for the ending of abortion. April 26, 2008, in Richmond, Virginia.

Organizations

Virginia Society for Human Life (VSHL), a nonprofit organization advocating an end to abortion in Virginia and is the oldest anti-abortion organization in the US. [60] [61] [62]

Violence

An anti-abortion protester named Joseph Grace set the Hillcrest clinic in Norfolk, Virginia ablaze on May 26, 1983. He was arrested while sleeping in his van a few blocks from the clinic when a patrol officer noticed the smell of kerosene. [63]

An unidentified person deliberately set fire to a Planned Parenthood clinic in Virginia Beach, Virginia on May 9, 2007. [11]

Related Research Articles

Abortion in Alaska is legal at all stages of pregnancy. In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants. As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 69% of Alaskans said that abortion should be legal in all or most cases. Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer, despite it being scientifically unsupported.

Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Delaware is legal up to the point of fetal viability. As of June 2024, Civiqs polling found that 72% of Delawareans believed that abortion should be legal in all or most cases, while 23% believed it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in Hawaii is legal. 66% of adults in Hawaii said in a 2014 poll by the Pew Research Center that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 79% of people from Hawaii said that abortion should be legal in all or most cases. Hawaii began allowing abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.

Abortion in Montana is legal at most stages of pregnancy. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

Abortion in Nebraska is mostly illegal after the 12th week of pregnancy.

Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the mother. 62% of adults said in a 2014 poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Nevadans said that abortion should be legal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights in the state, continued access to abortion is supported by all parties, including the Republicans.

Abortion in North Dakota is technically legal, but with no current providers. The state's sole abortion clinic, the Red River Women's Clinic, relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy. The Center for Reproductive Rights classifies Oregon as highly protective of abortion rights.

Abortion is legal in Pennsylvania up to the 24th week of pregnancy. 51% of Pennsylvania adults said in a 2014 poll by the Pew Research Center that abortion should be legal and 44% said it should be illegal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 63% of Pennsylvanians said that abortion should be legal in all or most cases.

Abortion in Rhode Island is legal up to the point of fetal viability. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman". Tennessee is one of four states which prohibit abortion in their state constitution; alongside Alabama, Louisiana, and West Virginia.

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Vermonters said that abortion should be legal in all or most cases. The state funds abortions deemed medically necessary for low-income women via Medicaid.

Abortion in Washington is legal and available up to the point of fetal viability, or in case the pregnancy poses a risk to life or health. In a 2014 poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 73% of Washingtonians said that abortion should be legal in all or most cases.

Abortion in West Virginia is illegal except in cases of rape or incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

Abortion in Wyoming is legal up to fetal viability. A temporary court injunction was filed against an attempted near total abortion ban in 2023, and a Wyoming judge struck down the abortion ban in 2024.

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