Virginia House passes ‘personhood’ bill

The bill was introduced by Del. Bob Marshall (R-Prince William), one of the most outspoken legislators on abortion issues and a candidate for U.S. Senate this year.

Similar legislation passed the House last year, but died in the Senate, which was controlled by Democrats. Supporters hope that the Senate, now led by the GOP, will approve the bill this year, but its fate is still unclear.

Marshall said his bill, modeled after legislation in Missouri, would not affect birth control, miscarriages or abortions but would affect the way that courts define a person. For example, parents could receive damages for the death of a fetus in a wrongful death lawsuit.

“To claim using birth control will get you in trouble with this statue is simply false,’’ Marshall said. “It does not have the affect of criminalizing birth control. This does not directly effect abortion.’’

Critics disagree.

“This bill requires every single code section in Virginia that uses the word ‘person’ to apply to a fetus,” Del. Jennifer McClellan (D-Richmond) said. “That opens families and doctors to a wide variety of criminal and civil lawsuits for health-care decisions not only in cases of unwanted pregnancies, but every pregnancy and even miscarriage.”

The House rejected a floor amendment by Del. Vivian Watts (D-Fairfax) that would have ensured that contraception would remain legal.