Virginia bill would consider fetuses as car passengers in HOV lanes


Pregnant women who are driving on Virginia highways could begin designating their fetus as a passenger in order to travel in the HOV lane, according to a bill being introduced in the state legislature.

Under House Bill 1894, which was filed on Tuesday, a fetus would be considered a car passenger and allow the pregnant woman to drive in the HOV lane even if no one else is in the vehicle, according to the bill. The legislation would require women to show “proof” by “certifying” their pregnancy with the Department of Transportation and linking it to their vehicle’s toll collection device, such as E-ZPass.

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The legislation comes after a pregnant Texas woman made headlines last summer for being pulled over in the HOV lane with no passenger, claiming her unborn child should count as an occupant in her vehicle. State lawmakers later proposed a bill in November that would designate fetuses as passengers. That bill is still under consideration in the legislature.

Opponents criticized the legislation for seeking to undermine abortion rights, arguing the bill’s language could be used to establish fetuses as human beings in the legal system and restrict access to abortion.

“Anti-abortion groups have been looking for ways to change laws in ways that change the definition of a pregnant person from one person to two,” Elizabeth Nash, a policy associate at the Guttmacher Institute, told NBC News. “By doing that, they grant personhood throughout pregnancy. And by considering a pregnant person as two people, in this case, allowing a pregnant person to use an HOV lane, you’re ultimately making it harder to uphold abortion rights because you have essentially imbued a fetus with personhood.”

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Laws ban abortion after 26 weeks in Virginia, with exceptions to save the mother’s life. However, state lawmakers are working to introduce a bill that would ban the procedure after 15 weeks with exceptions for rape, incest, and when the mother’s life is in danger.

The bill’s sponsor, state Del. Nicholas Freitas, a Republican, did not respond to a request for comment by the Washington Examiner. 

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