(The Center Square) – Sweeping action on reproductive rights bills and abortion measures is looking unlikely in the Virginia General Assembly this session – a reality of the politically-divided make-up of the state legislature. But advocates are hopeful certain measures surrounding reproductive health protections might have enough bipartisan support to advance this year.
During Tuesday’s crossover deadline – the final day for bills other than the budget amendments to advance out of their original chamber – lawmakers in the state Senate considered SB 852, a bill that would prohibit search warrants for the seizure of menstrual health data from an app or electronic device. The bill received bipartisan support among lawmakers in the Senate Tuesday, passing out of the chamber in a 31-9 vote with several Republicans in support.
The bill’s author, Sen. Barbara Favola, D-Arlington, argued Tuesday the bill is a way to protect “very personal information” related to a woman’s menstrual cycle.
“This is merely a privacy bill for a very important health status situation that women, of course, sometimes track,” Favola said Tuesday.
After the U.S. Supreme Court overturned Roe v. Wade last summer, lawmakers and advocacy groups nationwide raised concern over privacy protections for personal information about women’s menstrual cycles – which many track by using apps on their phones. A bill backed by Democrats in Washington state has been introduced this session to prevent private health data on apps from being shared without consumer’s consent, as reported by CNN.
SB 852 received support from Planned Parenthood Advocates of Virginia, who have voiced vocal support for several measures surrounding reproductive health and denounced proposed bans on abortions. While several other bills surrounding reproductive health and abortion, including a proposed 15-week ban on abortion backed by Gov. Glenn Youngkin, have already been defeated this session, advocates are hopeful SB 852 could gain some traction when it’s considered the Republican-majority House of Delegates.
During a video briefing with reporters Wednesday, PPVA Executive Director Jamie Lockhart said she “hopes that the House would move [SB 852] forward, given the overwhelming support we saw in the Senate.”
Lockhart and other advocates are also backing a proposed constitutional amendment that would establish a “fundamental right to reproductive freedom” within the state constitution. The proposed constitutional amendment, SJ 255, spells out the right for Virginians to “effectuate one’s own decisions about all matters related to one’s pregnancy.”
The bill passed the Senate Tuesday 21-18 along party lines, with Sen. Joe Morrissey, D-Richmond, casting an abstaining vote. A similar constitutional amendment was introduced in the House of Delegates, but it has already been defeated – a signal that further movement on the Senate’s proposed amendment is unlikely this session.
During a gaggle with reporters at the start of the legislative session, House Speaker Todd Gilbert said he did not expect “much of anything” related to abortion policy getting through during this legislative session given the politically-divided make-up of the General Assembly.
Democrats in the House criticized House Republicans for opting not to bring legislation outlining a proposed 15-week abortion ban up for a vote ahead of Tuesday’s crossover deadline. A similar bill was heard and struck down in a Senate committee, but the House measure proposing the ban was never voted on.
“Though the governor made restricting abortion access a top priority this session, none of those abortion bans have been brought to a vote – not in committee and not on this floor,” Del. Sally Hudson, D-Charlottesville, said in a Tuesday floor speech. “You haven’t brought those bills because you’ve told us you can count to 21 – you know abortion bans passed on party lines by this House would be voted down in the Senate.”
“You’d rather not be on the record on abortion – not in an election year,” Hudson added.
All 140 seats in the General Assembly will be on the ballot this fall, and reproductive rights advocates say the election could be pivotal for the future of abortion policy in the Commonwealth.
“Abortion is absolutely on the ballot in 2023 in Virginia,” Lockhart, of Planned Parenthood, said Wednesday. “It is incumbent upon us at the state level to protect abortion rights for years to come.”
