On Friday, March 28, after the close of business, Governor Tomblin vetoed HB 4588, the Pain-Capable Unborn Child Protection Act. He claimed the bill was unconstitutional—a determination that is usually left to the courts.
He used, as an excuse, the courts’ invalidation of Arizona’s “Mother’s Health and Safety Act”—a law, which is very different from the Pain-Capable Unborn Child Protection Act passed by our legislature. Furthermore, the Governor neglects to mention that ten other states have passed laws identical to the Pain-Capable Unborn Child Protection Act. Of these laws, eight have gone into effect without being challenged. In two states, these laws are currently in the courts. The fact is: So far, Pain-Capable Unborn Child Protection Act legislation has never been found unconstitutional.
A bill, practically identical to our Pain-Capable Unborn Child Protection Act passed the U.S. House of Representatives on June 18, 2013 with all three members of the West Virginia congressional delegation voting for it. Presumably, they did not consider the bill to be unconstitutional. Governor Tomblin seems to have joined the small minority of Americans (12%) who want abortion to be legal for any reason throughout all nine months of pregnancy (The Polling Company, Inc., February/March, 2013). So much for his claim to be pro-life.
West Virginians for Life asks you to support the call for a special session in order to pass HB 4588, the Pain-Capable Unborn Child Protection Act. The Governor is obligated to call for a special session if three-fifths of the members of both Houses sign petitions in support of a special session. The purpose of the special session is to advance the Pain-Capable Unborn Child Protection Act.
You can help by contacting your legislators and asking them to join fellow pro-life legislators in calling for a special session on HB 4588. Print out this new petition and circulate it widely. Please return to the office as soon as possible.
Thank you for your continued support for life in the state of West Virginia.
Wanda Franz, Ph.D., President