Governor Youngkin Axes Legislation Protecting Reproductive Freedom
Over the past few weeks, Governor Youngkin has slowly rolled out vetoes of several criminal justice and gun-control related bills. But earlier this week, the Governor’s office announced vetoes and amendments on a handful of bills that would’ve protected a woman’s right to make her own healthcare decisions.
As the elected Commonwealth’s Attorney for one of largest jurisdictions in the country, and by far the largest in Virginia, I know that advocating for legislation that improves public safety and reforms our justice system for the better is an important part of my duties. Two weeks ago, I wrote about a number of bills that I supported in this legislative session which were vetoed by the Governor. Although we were able to score two important victories, with a ban on auto sears and movement towards banning guns that lack serial numbers, the Governor was much less interested in legislation protecting women’s healthcare decisions and privacy.
While many people don’t immediately view reproductive healthcare as a public safety issue, make no mistake: it is. Before Roe v Wade, hundreds of women died each year due to unsafe attempts to terminate a pregnancy. Marginalized communities were the most at risk, with one 1960s study of low-income women in New York City finding that 98% of respondents who had terminated a pregnancy did so with no physician present. A recent study found that a national abortion ban would increase pregnancy-related deaths by over 20% in two years, with black Americans seeing a 33% increase. But these deaths are completely avoidable — if we commit to protecting access to reproductive healthcare in the Commonwealth.
Menstrual Health Data
HB 78 & SB 16, identical bills introduced by Del. Watts and Sen. Favola, respectively, prohibits the search and seizure of menstrual health data stored digitally. Sen. Favola, a leader on protecting access to healthcare for Virginians, introduced this legislation in the previous legislative session, but it failed to pass the House of Delegates after members of the Governor’s administration made it clear that they opposed the bill.
Over 50 million people use mobile apps to track their menstrual cycle. In the post-Roe world, the data that these apps hold could provide a treasure trove of information to anti-choice actors who wish to punish women for seeking reproductive care. These immensely popular apps could provide courts with data on an individual’s fertility and exact dates of past menstrual cycles — which can be used to suggest if someone has had or considered an abortion.
By preventing law enforcement from obtaining women’s menstrual health data, we can ensure that they aren’t subject to abortion laws that will make our communities less safe. Since the Governor’s administration was instrumental to killing this bill last year, I was shocked but excited to see him come around this time. With the signing of HB78/SB16, advocates for reproductive freedom have scored an important victory that will save lives and add another level of protection for women in the Commonwealth.
Extradition
SB 15, another bill introduced by Sen. Favola, would have cemented Virginia’s status as a bastion of healthcare access by prohibiting the Governor from extraditing any individual accused of breaking another state’s draconian abortion laws. The bill would also protect doctors and providers who provide these services to patients. Just a few weeks ago, I joined Norfolk Commonwealth’s Attorney Ramin Fatehi in an op-ed discussing why we supported this bill.
With Alabama Attorney General Steve Marshall arguing last year that his office could prosecute women who receive abortions in other states or aid those who have attempted to receive abortions in other states, it is clear to me that this bill is a necessary protection for both women living in the Commonwealth as well as those who’ve come here to receive medical care.
With a Governor who has previously committed to signing “any bill that comes to my desk . . . in order to protect life,” I was fully expecting his decision to veto this legislation. But we shouldn’t let other states decide what laws apply to Virginians; nor what laws apply to an individual who is visiting the Commonwealth. I’m extremely hopeful that, one day, we’ll be able to ensure that the right to choose is protected for every woman in Virginia and their healthcare providers.
Contraception & Birth control
HB 609 & SB 237, introduced by Del. Price and Sen. Hashmi, respectively, would have established a right to obtain contraceptives and engage in contraception, including by birth control medication or emergency contraception pills. This legislation would have also created a cause of action that could be instituted against someone who infringes on that right.
Governor Youngkin amended HB609/SB237 to erase any mechanism for enforcement and remove specific protections for people who use IUDs, condoms, birth control pills, and emergency contraceptives. The amended legislation was also introduced as a ‘Section 1’ bill, watering down these extremely important protections to be un-enforceable, non-binding, time-limited ‘suggestions’ that are subjected to ever-shifting political winds.
In a time when every aspect of a woman’s reproductive healthcare is up for debate, the Governor’s amendments to this legislation couldn’t be more egregious. Protecting access to condoms and birth control medication shouldn’t be a hard pill to swallow. These methods of contraception are safe, effective ways to decrease the likelihood of unwanted pregnancy. 65% of women aged 15–49 use some form of contraception, and over 85% of contraceptive users report that they do so to prevent pregnancy. Access to these readily-available contraceptives is one of the key factors that has helped lower rates of teen pregnancy over the last 30 years. One 2014 study suggested that the teen pregnancy rate would have been 73% higher without the availability of publicly-funded contraceptive services.
Nearly two years ago, I committed to never prosecute a woman for making her own healthcare decisions, regardless of changes in Virginia’s law. Prosecutors around the country joined me in that pledge, and we’ve continued to advocate for a woman’s right to choose. Since Roe fells, we’ve seen states restrict the right to choose at an alarming rate, with women forced to pay the price. Over the past two years, we’ve seen dozens of women criminally charged for attempting to terminate their pregnancies, or even worse, for miscarrying. In one horrific case, a 12-year-old rape victim carried a pregnancy to term because her mother was scared of what could happen if they sought an abortion.
There are no words to describe the horrors we’ve seen women face over the past 22 months. That’s why these bills are necessary to protect Virginians — from draconian abortion regulations of overzealous states, from invasive searches and seizures of their menstrual health data, and from politicians who want to prevent women from making their own healthcare decisions.
It’s disheartening to know that my daughter is growing up in a world where she is treated like a second-class citizen, enjoying fewer rights than her mother and grandmothers had.
That’s why another piece of legislation that I’ve been following, HJ 1, introduced by Del. Herring, is so important to me. While we’re still far away from passing HJ 1, an amendment that would enshrine a fundamental right to reproductive freedom in Virginia’s Constitution, I’m extremely hopeful for the future of the Commonwealth. With nearly 70% of Virginians supporting access to abortion, and a pro-choice majority in Virginia’s legislature, I’m confident that we’ll finally make meaningful change during the 2025 legislative session.
