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.

By 2007, Virginia enacted an abortion-specific informed consent requirement, mandating that women seeking abortions be provided with essential information regarding the procedure, its associated risks, and available alternatives before proceeding. The number of abortion clinics in Virginia has experienced fluctuations over the years. In 1982, the state boasted 71 abortion clinics, but this number dwindled to 64 by 1992 and further declined to a mere eighteen in 2014. The fluctuation can be attributed to various factors, including regulation changes, healthcare access, and political developments.

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. Virginia boasts active abortion rights and anti-abortion rights activist communities, with advocacy groups on both sides playing significant roles in shaping the state's policies and regulations.

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.

Nonetheless, the legacy of Roe v. Wade was not without its legal challenges. As previously noted, the year 2022 bore witness to the pivotal case of "Dobbs v. Jackson Women's Health Organization," wherein the Supreme Court decided to overturn the hitherto sacrosanct precedent set by Roe. This momentous decision precipitated a sea change in the legal landscape, endowing states with greater autonomy to regulate abortion. Consequently, Virginia and other states find themselves at the cusp of a new legal paradigm, where the future of abortion rights is beset with uncertainties, poised for continuous transformation, and inexorably tethered to the multifaceted fabric of American jurisprudence. The evolution of this contentious and complex issue underscores the dynamism of the legal landscape, with profound implications for Virginia and the nation as a whole.[ citation needed ]

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] In 2017, the state had an infant mortality rate of 5.9 deaths per 1,000 live births. [16]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [17]
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 [18]
Virginia18,5011117918,66311.11815.22015 [19]
Virginia16,91310.116517,05810.21666.02016 [20]
^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 [21] 31,958408245.9%
1981 [22] 32,037404255.8%
1982 [23] 31,869393255.8%
1983 [23] 31,339388245.6%
1984 [24] 31,550382235.6%
1985 [24] 31,951372235.8%
1986 [25] 32,619374255.6%
1987 [25] 32,930365245.5%
1988 [26] 34,029367245.9%
1989 [27] 33,186344226.0%
1990 [28] 32,992334216.0%
1991 [29] 31,943330215.9%
1992 [30] 29,641306196.0%
1993 [31] 28,285301185.9%
1994 [31] 26,369279176.3%
1995 [32] 25,302277155.7%
1996 [33] 25,770279165.8%
1997 [34] 27,260297175.7%
1998 [35] 26,115277165.8%
1999 [36] 28,388297186.3%
2000 [37] 28,627289186.2%
2001 [38] 24,586249156.1%
2002 [39] 24,992251165.7%
2003 [40] 26,437261174.8%
2004 [41] 26,117251165.1%
2005 [42] 26,309252164.7%
2006 [43] 27,349254165.3%
2007 [44] 27,981257175.5%
2008 [45] 28,698269176.2%
2009 [46] 27,442261167.0%
2010 [47] 25,953252157.1%
2011 [48] 25,413248157.0%
2012 [49] 22,916222136.6%
2013 [50] 20,852204125.6%
2014 [51] 20,187195125.9%
2015 [52] 18,663181115.2%
2016 [53] 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. [54] [55]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters rallied at Lafayette Park in Norfolk, [56] and in Richmond hundreds of abortion rights protesters marched from the Federal Court building to City Hall. [57]

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. [58]

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. [59] [60] [61]

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. [62]

An unidentified person deliberately set fire to a Planned Parenthood clinic in Virginia Beach, Virginia on May 9, 2007. [63]

Related Research Articles

Abortion in Alaska is legal on demand at all stages of pregnancy, as long as a licensed physician performs the procedure. 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. 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 mother. 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. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated 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 the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.

Abortion in Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.

Abortion is illegal in Kentucky. There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions. In 1998, the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s, members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. A bill passed and made effective in April 2022 lowered the threshold to 15 weeks, the second most restrictive limit in effect in the United States behind Texas, and introduced regulations that made abortion illegal until it was blocked in federal court.

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. 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 New York is legal, although abortions after the 24th week of pregnancy require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York (NY) in 1970, three years before it was legalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a woman's life or health is at risk, or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties for the woman herself, abortion is effectively legal throughout pregnancy.

Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy.

Abortion in Pennsylvania is legal 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.

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".

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 state funds abortions deemed medically necessary for low-income women via Medicaid.

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

Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

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 currently legal due to a temporary court injunction.

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