Comment At a public hearing on an abortion bill in West Virginia that would ban the procedure in nearly all cases, a 12-year-old girl who supports abortion rights took to the podium Wednesday and asked Republican lawmakers if they care about her or young people like her. : “What about my life?” After West Virginia Gov. Jim Justice (R) asked lawmakers to “clarify and modernize” the state’s abortion laws to reflect the Supreme Court’s reversal Roe v. Wadethe Republican-controlled legislature is considering an abortion bill that would not only ban the procedure in most cases, but also allow the prosecution of doctors who perform abortions. So when dozens of people spoke against the bill in the West Virginia House of Representatives, Addison Gardner was among the speakers who got 45 seconds each to make their case to lawmakers. “My education is very important to me and I plan to do great things in life,” she said, noting that she plays varsity volleyball and runs track at Buffalo Middle School in Kenova, W.Va. She then asked a series of questions to much older lawmakers about the lack of protections in House Bill 302: “If a man decides I’m an object and does unspeakable and tragic things to me, I’m a child, I’m supposed to give birth and bring another child; Should I put my body through the physical trauma of pregnancy? To suffer the mental consequences, a child who had no say in what was done to my body?’ He added, “Some here say they are pro-life. What about my life? Doesn’t my life matter to you?’ Despite an impassioned plea from Gardner and other abortion rights advocates inside and outside the chamber, the West Virginia House overwhelmingly approved the bill by a vote of 69 to 23. Hours after Gardner’s speech, the state House narrowly passed an amendment to the bill to allow abortions in cases of rape or incest. However, the exception in the amendment, which was passed from 46 to 43, is only allowed up to 14 weeks of pregnancy and only if the rape or incest is reported to the police. The amendment passed by the Republican-led legislature was narrower than the one proposed by Democrats on rape or incest abortion exemptions, which was soundly defeated on the floor. The bill now goes to the state Senate on Thursday and could be voted on as soon as the end of the week. Arizona is one of several Republican-controlled states that point to a century-old law as the rationale for removing access to abortion. (Video: Julie Yoon, Joshua Carroll/The Washington Post) West Virginia is among the states that do not have “trigger bans” that would ban abortions within 30 days of Roe that are hit. On the contrary, the state has pre-Roe abortion ban dating back to 1800 which — in the absence of Roe — will be reinstated. The Republican-led state has never repealed the preRoe ban on abortion and voters approved a constitutional amendment clarifying that West Virginians do not have the right to an abortion. Abortions are now banned in these states. See where the laws have changed. A judge’s ruling last week blocked enforcement of the state’s 150-year-old abortion ban and allowed the state to reopen for now. Kanawha County District Court Judge Tera L. Salango granted the West Virginia Women’s Health Center, the state’s only abortion clinic, a preliminary injunction, saying “those impregnated as a result of rape or incest suffer irreparable harm.” according to the Associated Press. The decision was criticized by Attorney General Patrick Morrisey (R) as “a dark day for West Virginia.” On Monday, Justice issued a proclamation calling for a special session of the Legislature “to clarify and modernize the abortion-related laws currently in place as part of the West Virginia Code.” The governor’s office said in a news release that the special session this week will also “ensure a coherent, comprehensive framework governing abortion and family services and support for expectant mothers to provide the citizens of this state with greater certainty in the implementation such laws. “ “Since the Supreme Court announced its decision Dobbs, I said I would not hesitate to call a Special Session once I heard from our legislative leaders that they had done their due diligence and were ready to act,” Justice said in a statement. “As I have said many times, I am proudly pro-life and believe that every human life is a miracle that deserves to be protected.” At Wednesday’s public hearing, more than 90 people, including doctors, clergy members and abortion rights activists, spoke about their concerns about the state’s restrictive bill. Many of them described the bill as “disgusting”, “delusional” and “inhumane”. Katie Quiñonez, executive director of the Women’s Health Center of West Virginia, was escorted out after exceeding the 45-second limit. “This ban has nothing to do with life. It has nothing to do with health. It has nothing to do with family,” he said. “This is about control.” Others, like Ash Orr, a transgender activist whose pronouns are they/him, spoke specifically about the experience of rape. Orr said they were raped at ages 9 and 10. “I want you to explain to me why it would be okay for me as a child to carry my rapist’s child,” they told lawmakers. “Explain it to me like I’m one of the kids you’re all willing to hurt.” When Gardner took the lectern on Wednesday, she found support from Rita Ray, 80, who had an abortion in 1959, before the procedure was legalized by Roe. A photo by Kyle Vass, a reporter for the American Civil Liberties Union of West Virginia, shows Ray smiling as Gardner makes her plea to lawmakers. Rita Ray, 80, who risked her life before Roe by getting an abortion from someone who wasn’t a health care provider, watches as Addison Gardner, 12, contemplates her future without access to legal abortion in WV. pic.twitter.com/RbDrCma3Ld — Kyle Vass (@WilliamKyleVass) July 27, 2022 As the House voted on the bill, video of the vote shows protesters outside the chamber shouting cheers at lawmakers. Although Democrats joined Republicans in voting for the rape and incest amendment, some lawmakers pointed out that the exemption was too narrow. “Guys, I’m fighting this amendment, really well,” said Democratic Rep. Kayla Young, who ended up voting for the amendment, according to West Virginia MetroNews. “I’d rather have something than nothing. Honestly, I want to protect people. I’m straining. This is all I have.” Before a Senate hearing on the bill began Thursday, state Sen. Mike Azinger (R) said in an opening prayer that he was thankful he and his colleagues weren’t expelled. “We’re just thankful for that, Lord,” he said. On July 9, abortion rights activists gathered in Washington DC on Saturday to speak out against the recent Supreme Court decision that overturned Roe v. Wade. (Video: Reuters)
