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Today, the Roanoke Times published an op-ed by Family Foundation President Victoria Cobb that addresses the myths pro-abortion activists and some in the media have propagated about the abortion center regulation bill recently passed by the General Assembly. Herewith, an excerpt of the op-ed. The entire column can be read by clicking here.

First, the myth that abortion centers will now have to meet the same regulatory standards as general hospitals is simply untrue. Abortion centers will not necessarily be subject to the licensing requirements or the construction standards of general hospitals.

In Virginia, there are numerous categories of “hospitals,” including general (or inpatient), psychiatric, rehabilitation, outpatient surgical and others. Outpatient surgical centers, for example, are a category of hospital, but are not subject to the same regulations as general hospitals.

Similarly, abortion centers will now be subject to regulations specifically tailored to that procedure.

Second, the myth that regulations are automatically unconstitutional is inaccurate. In fact, the U.S. 4th Circuit Court of Appeals, in which Virginia resides, upheld South Carolina abortion center regulations in Greenville Women’s Clinic v. Bryant.

Regulations there include licensing requirements, staffing rules, specific drug and equipment availability, safety and emergency policies and sanitation procedures, none of which are currently applied to Virginia’s abortion centers.

Third, the myth that the new law will limit abortion access is fallacious. Until 1984, Virginia did regulate abortion centers and, based on the increasing number of abortions at that time, the industry did not suffer.

In addition, considering that Planned Parenthood, the nation’s largest private provider of abortion and owner of several Virginia abortion centers, is a $1 billion organization that profited almost $100 million in its last annual report, one would think it could prioritize women’s health and spend some of that money on safety and less on political activity.

Finally, the myth that abortion centers are currently regulated is misleading. Abortion centers in Virginia are viewed by the state as physician’s offices, which is essentially meaningless in that the state does not inspect or license those offices.

The only standard of care in Virginia requires that abortions done in the first trimester be performed by a licensed physician, but the facilities themselves are not required to meet standards. Currently, doctors’ offices in Virginia, and thus abortion centers, do not meet any state-imposed standards of cleanliness, inspections or requirements for life-saving equipment on premises.

Abortion center safety has received increased attention recently due to two unrelated events: a botched abortion originating with New Jersey-based Dr. Steven Brigham and a horror shop abortion center in Philadelphia.

Pro-abortion advocates look at these examples and say, “Tell us of something in Virginia and then maybe we’ll listen.” The fact is that Brigham, who lost his license because he started late-term abortions at his New Jersey clinics and then drove the patients to Maryland to complete them, owns two abortion centers in Virginia and has no Virginia medical license. (He also is not licensed in Maryland.)

Additionally, Brigham’s two Virginia abortion center websites, until exposed by The Family Foundation last month, offered the following surgical abortion procedure: “Surgical abortion patients who are between 14 and 24 weeks pregnant will be referred to our Cheverly [Md.] location after their first appointment for the completion of their procedure.”

For years pro-life Virginians have tried to convince the General Assembly that abortion centers need to be regulated for the sake of the safety of the women who unfortunately decide to end their pregnancies. The fact that the Virginia Senate, in particular, has refused to let regulation bills out of committee has proven that they aren’t serious about the so-called “safe, legal and rare” policy.

However today, on the House floor, Delegate Kathy Byron (R-22, Lynchburg) was successful in amending SB 924, a bill that requires the Board of Health to promulgate regulations containing minimum standards for certain medical facilities, to include abortion centers! A pro-abortion delegate challenged the germaneness of the amendment, but after consulting with his parliamentarian, House Speaker Bill Howell (R-28, Stafford) ruled that the inclusion of abortion centers was germane because it was in the class of medical facilities enumerated in the bill and did not change the definition of the bill. After a brief debate, the amendment passed 63-34, then the bill itself passed 67-32. 

Because it is a Senate bill amended by the House, the full Senate must vote on it again in the next day or two! Finally, we will have a historic vote on regulating abortion centers in Virginia! Please contact your senator immediately and urge him or her to vote for the amended version of SB 924!   

Abortion center safety has received increased attention recently due to two unrelated events: a botched abortion originating with New Jersey-based Dr. Steven Brigham and a “horror shop” abortion center in Philadelphia. Pro-abortion advocates look at these examples and say, “Tell us of something in Virginia and then maybe we’ll listen.” The fact is that Dr. Brigham, who lost his license because he started late term abortions at his New Jersey centers and then transferred patients to Maryland to complete them, owns two abortion centers in Virginia and has no Virginia medical license. (He is not licensed in Maryland, either.)

Additionally, Dr. Brigham’s two Virginia abortion center Web sites offer the following surgical abortion procedure:

Surgical abortion patients who are between 14 and 24 weeks pregnant will be referred to our Cheverly [MD] location after their first appointment for the completion of their procedure.

Abortions after 13 weeks in Virginia must be done in a hospital, not a clinic. It is not clear whether these two Virginia abortion centers are beginning illegal abortions or if a doctor at these two centers is practicing in Virginia without a license. We were able to locate Dr. Brigham’s centers in Virginia  only because of the tragic situation in New Jersey.

Sadly, without the tragic medical emergency in New Jersey that led to his discovery, Virginians would never know about Dr. Brigham. Of course, we still don’t know as much as we should because his abortion centers, and those of Planned Parenthood and every other abortionist, are neither inspected nor reviewed. Currently, the only way for the state to find out if there is a problem in an abortion center is if a woman who had an abortion files a complaint with the state — violating her right to privacy and opening herself up to publicity.

Virginia once responsibly regulated abortion centers with regulations upheld by the federal courts as constitutional. Years ago, we unilaterally suspended them. Now, after decades, the full Senate will have a historic vote as to whether the Board of Health must develop new ones. Please don’t let this opportunity pass. Help us create history this session with a landmark Senate pro-life vote. Ask your senator now to vote for SB 924 as amended, as it will come up in the next day or two.

Contact your senator by e-mail.

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Learn who your senator is.

The pace of the General Assembly moves very fast, especially during the short session when committee hearings are compressed into a shorter period. Just this afternoon we were notified that HB 1437, patroned by Delegate Mark Cole (R-88, Spottsylvania), which would grant localities the power to keep or discontinue the dreaded BPOL Tax, is in the Senate Finance Committee tomorrow morning.

This bill passed the House last week by a 94-5 margin. But we’ve seen in the past that big, bipartisan margins in the House mean nothing in the Senate. So, please contact members of the committee and ask them to vote in favor of this bill!

The BPOL Tax was established to fund the War of 1812. Not only has it outlived that purpose by 199 years, it is inherently unfair, taxing Virginia businesses on gross receipts rather than profit. Companies that lose money still pay a tax! It punishes many small, family-run businesses that run on tight profit margins. In this down economy, government should do all it can to encourage job growth. The BPOL Tax kills jobs and stunts the growth of small businesses — which create 75 percent of all jobs in America — by siphoning away capital they would invest in their businesses and use to hire new employees.

While the local government lobby, which uses your hard-earned tax dollars to lobby for more power at your expense, says it can’t afford the loss in tax revenue, HB 1437 only gives localities the option of removing the BPOL Tax. Denying localities the option to end this tax after 199 years is indefensible. Just think: If localities had that option, they could compete against each other for businesses to locate in their city or county to create new jobs. The removal of the BPOL Tax will encourage the start up of new locally-owned businesses as well. 

It’s time local governments stop complaining about the loss of revenue and showed concern for the loss of businesses and jobs. Local government always will be in business — but locally owned, small, family-run businesses do not have that guarantee. Government should do all it can to help them. A small business owner in Norfolk lost $70,000 last year, covered by his savings, and still had to pay $4,000 in the BPOL Tax! (See WSLS.com.) Is that how we create jobs in Virginia?

Today is crossover at the General Assembly, the day when the House and Senate have to complete work on bills introduced in their respective chambers. Consequently, yesterday the House spent nearly 11 hours on the floor debating bills, with final votes taking place today. The Senate did their marathon debate and vote session today.

Several Family Foundation priorities passed the House of Delegates, some after lengthy debates took place on the proposals yesterday.

HB 1440, patroned by Delegate Bob Marshall (R-13, Manassas), which would provide protection (civil recourse) for the unborn in cases where they lose their life due to the negligence of another, passed 62-36 — despite the wild accusations by Delegate Vivian Watts (D-39, Fairfax), who claimed the legislation would outlaw contraception. Delegate Dave Albo (R-42, Fairfax), the chairman of the Courts of Justice Committee, which reviewed the bill, defended it on the floor. He said that he had several attorneys and committee legal counsel review the legislation and all agreed that the bill, nearly identical to a 20-year-plus Missouri law, and which was upheld by the U.S. Supreme Court in 1989, would not affect legal contraception in any way.

HB 2147, patroned by Delegate Ben Cline (R-24, Rockbridge), would prevent health insurance plans in the Virginia health insurance exchange, required by ObamaCare, from providing abortion coverage. This preemptive strike against ObamaCare, should it be implemented, passed 60-36.

The House today also passed by a vote of 54-45 HB 2314, legislation patroned by Delegate Jimmie Massie (R-72, Henrico), that would provide a tax credit for corporate donations to private scholarship programs. This education opportunity legislation is tailored to help low-income families. It is modeled after a successful Florida scholarship program that has helped more than 20,000 students and saved the state more than $36 million in FY2008-09. (We hope you join us this Thursday for our Family Foundation Day at the Capitol and Rally, which will focus on this legislation.)

Also passing today was legislation that will create an “In God We Trust” license plate. The bill, HB 1418, is an omnibus license plate bill patroned by Delegate John O’Bannon (R-73, Richmond) that incorporates the “IGWT” plate bill introduced by Delegate Dickie Bell (R-20, Staunton). A Senate bill (SB 811), patroned by Senator Mark Obenshain (R-26, Harrisonburg) creating the same license plate also passed the Senate today.

Thank you to everyone who has contacted their delegates and senators on these and other issues. After today the bills that have passed the House or Senate will “crossover” to the other chamber to go through the committee process. Please continue to respond to our action alerts (sign up here) and keep up with all the General Assembly news and video by returning to this site, and by following us on Facebook, Twitter and YouTube as the General Assembly session continues in the coming weeks.

The Family Foundation’s Annual Day at the Capitol is this Thursday, with an emphasis 0n education freedom — particularly legislation that provides tax credits for private school scholarships. We need to send a loud message to our legislators that, after years of dragging their feet while public education deteriorates (especially for the underprivileged who are trapped in failing schools by an education establishment unwilling to embrace reforms) and options and competition few, educational opportunity for all children is the right choice for Virginia.  
 
Registration for the event, at the Greater Richmond Convention Center, begins at 8:30. The program begins at 9:00 with a briefing  from lawmakers and policy makers, includes a visit with your legislators, and ends with a rally on the Capitol Square grounds. Some of our special speakers include Lt. Governor Bill Bolling, Secretary of Education Gerard Robinson and Family Foundation Chaplain, Bishop E. W. Jackson, Sr.
 
You will have an opportunity to meet with your legislators, get updates from The Family Foundation staff and enjoy optional tours of Mr. Jefferson’s Capitol, the Governor’s Mansion and the Virginia Supreme Court during the afternoon. Tours are available on a first come, first serve basis the morning of the event, so if you are interested get to Richmond early.
 
While our format is a bit different this year, it will be an extremely exciting Lobby Day at the Capitol. Christian and private schools from across the Commonwealth will participate with us. If you are affiliated with a Christian or private school, please share this information with the school and fellow parents and students, and encourage them to send a delegation to support this effort.

If you would like more information about arranging at special tour for your school or about the event, please e-mail amanda@familyfoundation.org or call 804-343-0010. To register online, click here.

Two years ago, we partnered with the Virginia Catholic Conference to hammer out an agreement with the biotech community to ensure that state funded research performed in Virginia would not involve embryonic stem cells or aborted fetuses.  The clause was added to all legislation involving biotech research in Virginia, thus protecting citizens of the Commonwealth from subsidizing unethical research. In 2010, the same agreement stood.  Now, it’s 2011 and the debate over the pro-life amendment is once again taking place. 
 
There are several bills this year originating from both chambers that would provide research and development tax credits to biotech companies. In order to prevent the funding of unethical research, each and every bill must include the pro-life amendment. The House Finance Committee added an amendment in line with the 2009 and 2010 pro-life amendment to one of these bills (HB 1447). Now, the amended bill will be voted on by the full House of Delegates tomorrow.
 
The Family Foundation and our pro-life partners at the Catholic Conference firmly believe that Virginia taxpayers should not be asked to pay for or subsidize research that involves the destruction of human embryos or the use of aborted fetuses (see position paper here and our recently completed study, Do No Harm, here). Not only is such research unethical, embryonic stem cell research has been a complete failure. That is the reason researchers cannot attract private investment and is looking for your tax dollars to subsidize their failed research — no one will pour money into a failure. So researchers have turned to (who else?) — the government — to subsidize failure. If we are going to subsidize research in Virginia, it should be in adult stem cell research, which is producing real results — real science providing real hope and real cures.
 
It is crucial that your delegate hear from you by tomorrow morning before the floor session begins. Legislators need to hear that the funding of life-destroying research will not be tolerated in the Commonwealth. Contact your delegate now and urge him or her to cast a vote in acknowledgment of the sanctity of human life (click here for contact information or click here to find out who your delegate is).

If the past two days aren’t evidence enough that the Virginia Senate must change, we honestly don’t know what is. In a 48-hour period since Wednesday, the Senate, where Democrats hold a 22-18 majority, has passed several bills that undermine the values of Virginia while defeating common sense measures that would reduce the number of abortions and advance a culture of life.

On Wednesday, it passed legislation adding sexual orientation to state government’s non-discrimination law (SB 747), a bill that gives state government agencies the ability to provide domestic partner benefits (SB 1122), and a proposal that is an attack on Virginia’s abstinence centered family life education policy (SB 967).

In yesterday’s Senate Education and Health Committee, five pro-life bills were defeated, including legislation that would have provided women seeking an abortion an opportunity to view an ultrasound (SB 1435); created wrongful death protections for the unborn (SB 1207 and SB 1378); and criminalized the act of coercing someone to have an abortion (SB 1217). The committee also rejected a bill that would prohibit health insurance companies that provide elective abortion coverage from participating in the state-run exchanges required by President Obama’s federal health insurance scheme (SB 1202).

As in past years, the Senate has proven to be a killing field for pro-family, pro-life legislation, as well as the source of bills that undermine Virginia’s values. The question now becomes, are pro-family Virginians finally tired of this? If so, this November all 40 members of the Senate face re-election. Let’s face it — having the truth and the facts on our side, having a professional team of advocates to influence legislators, having a grassroots network across Virginia simply isn’t enough. We have to change the people who sit in that chamber.

This year is our opportunity to break through this barrier and change the future of Virginia. We need to add more conservative voices to the Senate. When it had a Republican majority in the past the outcome wasn’t much better. We need principled conservatives in office. The Family Foundation and The Family Foundation Action will do everything possible to ensure that Virginians know exactly what the stakes are — and which candidates stand with us and which stand against us — as the elections approach. Please click here to learn more about our Ignite Campaign and how you can help.

Please also know that there are several members of the Senate (15) that voted with The Family Foundation on every one of the bills. We thank them for their stand on principle. We especially thank those Senators who carried pro-life legislation this year, including Mark Obenshain (R-26, Harrisonburg), Ralph Smith (R-22, Botetourt) and Bill Stanley (R-19, Chatham).

It’s that time of session again. Thursday, the Senate Education and Health Committee will vote on multiple pro-life bills. This is the committee that has blocked meaningful pro-life legislation for years. Despite the history, we still want to make sure every member of that committee knows where their constituents stand on this issue — particularly since it’s an election year.
 
Please contact the senators on this committee (click here for committee contact links) and urge them to support SB 1202, SB 1207/SB1378, SB1217, and SB 1435. These pro-life bills could radically change the culture of life in our Commonwealth:

SB 1202: Abortion Funding Opt-Out for ObamaCare
ObamaCare puts states in charge of their own health insurance exchanges for individuals and small businesses. If enacted today, Virginia could potentially include in its exchange health insurance plans that cover elective abortion.  Pro-family citizens opposed to abortion would be mandated to fund this unethical destruction of human life. SB 1202, patroned by Senator Mark Obenshain (R-26, Harrisonburg), is a bill that would prevent insurance plans in the Virginia health insurance exchange from providing abortion coverage. Five other states have taken this step so far, and several more are considering doing so, while Pennsylvania and Maryland are allowing abortion coverage.
 
SB 1435: Ultrasound/Informed Consent
SB 1435, patroned by Senator Ralph Smith (R-22, Botetourt), updates Virginia’s informed consent law with modern technology. It would require a woman to have an ultrasound and the option of viewing it prior to an abortion. Currently, a woman is given a pamphlet with generic pictures of fetal development. This bill would give the woman specific information about her child and allow her to make a truly informed decision. It also would help prevent mistaking the gestational age of the unborn child that can lead to illegal abortions. Two years ago, this bill died in this committee with a vote of 11-4.
 
SB 1378 and SB 1207: Wrongful Death of the Unborn
SB 1207, patroned by Senator Obenshain, and SB 1378, patroned by Senator Bill Stanley (R-19, Danville), are bills that would provide protection (civil recourse) for the unborn in cases where they lose their life due to the negligence of another. While Virginia’s code does include a fetal homicide law, the same unborn life, taken without intention or premeditation, elicits no civil penalty. Improving our civil law to recognize fetal manslaughter is essential. An unborn life is not only of value when it is wanted by the mother or when its life is intentionally taken by another.
 
SB 1217: Coerced Abortion
SB 1217, patroned by Senator Smith, provides that any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. Shockingly, this type of coercion is not currently criminalized. Given that homicide is the leading cause of death for pregnant women according to a study in the Journal of Midwifery and Women’s Health, Virginia needs to do more to protect women and their wanted unborn children. Women should not be forced to abort to avoid violence. Last year, this bill died in this committee by a vote of 10-5. 
 
Be a voice for the voiceless and let these senators know that you will be watching how they vote with the expectation that they will vote yes for life this Thursday.

Tomorrow morning, the House Privileges and Elections Committee will consider a number of important constitutional amendments. Please contact committee members at the link above and encourage a vote for all three resolutions.

One, HJ 615, patroned by Delegate Bill Janis (R-56, Henrico), will safeguard Virginians’ tax dollars by banning tax and fee increases in the budget bill. If those revenues are needed, delegates and senators should have the courage to vote on tax increases separately, up or down, not buried in a must-pass budget with deadline pressure to approve so that state government can continue to function.

Delegate Mark Cole (R-88, Spottsylvania) has two resolutions before the committee. One, HJ 540, will limit the amount state and local government can spend each year to the previous year’s budget, plus the percentage increase in population and inflation. This is a proven way to limit the size and scope of government. His second resolution, HJ 539, would require a super majority vote by the General Assembly and local governing boards to impose a tax increase.

The fourth resolution, and a major priority by several limited government advocates, is HJ 647, patroned by Delegate Rob Bell (R-58, Charlottesville). It passed sub-committee by one vote and its full committee vote was delayed a week. In committee and behind the scenes, local government interests, who use taxpayers’ hard-earned money to lobby against their own citizens, and large utilities and telecoms, are throwing every resource they have to defeat this proposal. Afraid of allowing Virginians to vote on the issue of protecting their own property, these special interests think property is private only until such time as they need it for their redevelopment schemes or transportation boondoggles. No less than 10 government and corporate special interests testified against the resolution in sub-committee, with only The Family Foundation, The Farm Bureau and the Virginia Agribusiness Council speaking in favor.

When the U.S. Supreme Court issued its deplorable Kelo decision several years ago (see Examiner.com’s Kenneth Schortgen for a new, heinous eminent domain case), it said federal courts could not protect property owners from local and state governments. But it did rule that states could protect their citizens and basically invited states to enact their own protections. Most states did. Why are Virginians still waiting for their legislature to act?

These much needed policies will protect Virginia families’ homes, farms and businesses; enact honest state budgets; and put a limit on out of control taxing and spending. Together, these proposed constitutional amendments form a unique opportunity to reform state and local government, limit its power and focus it on its proper role.

Yesterday, the Republican Caucus in the House of Delegates elected Delegate Kirk Cox (R-66, Colonial Heights) to majority leader and Delegate Bill Janis (R-56, Henrico) to majority whip. The election was necessary (see Washington Post Virginia Politics Blog) after current Majority Leader Morgan Griffith was elected to the House of Representatives from Virginia’s 9th congressional district, defeating 28-year incumbent Rick Boucher during last month’s Republican wave. Cox was the majority whip. Both were unchallenged (see Richmond Times-Dispatch).

Statements from the principles include this from Speaker Bill Howell (R-66, Fredericksburg) (see entire statement, here):

Both of these individuals are trusted allies and talented lawmakers with remarkable backgrounds that they’ve used to help House Republicans offer practical solutions and deliver real results.

Kirk is an outstanding member of the House who I rely on . . .  for thoughtful analysis and strategic insights on the important challenges and opportunities facing taxpayers, families, businesses and Virginia. Not only is he a widely acknowledged “go-to” person on the state budget, education, military and natural resource issues, but Kirk also has done a superb job as House Majority Whip counting votes and building support for our ideas.

Likewise, Bill is an engaged and detail-oriented delegate who contributes so much to our Caucus and Commonwealth. His service on key House committees has provided Bill with a firm understanding of the issues and how they impact people of all walks of life. I’m confident that he will continue helping to identify policy goals and forge coalitions in support of sensible legislation that will improve the quality of life for all Virginians.

From Cox:

We have many challenging years ahead with tight budgets and a need to grow private sector jobs. I look forward to working hard with House Republicans and all of my legislative colleagues to address these challenges and the aspirations of the people of Virginia as the next House Majority Leader.

From Janis:

I relish the opportunity to serve as the new House Majority Whip. Together, we’re going to help put Virginians back to work by promoting legislation that fosters an environment conducive to more job growth, more economic opportunity and more prosperity for all Virginians.

Okay, the formalities are out of the way. Now, the question is, what will happen to some very valuable General Assembly Building real estate? Delegate Cox — now one of the most powerful delegates ever outside of a speaker as majority leader and vice chairman of the Appropriations Committee — already has a large and prestigious ninth floor GAB office per his role on Appropriations. But as majority leader, he also will have a large and prestigious suite on the sixth floor where the leaders of both parties and chambers have offices. Which will he choose? Or can he keep both? If he chooses the ninth floor, will Delegate Janis get the sixth floor office (whips don’t have offices there)? If he chooses the sixth floor, who gets the ninth floor office?

These are the intriguing questions that drive the General Assembly. We’ll keep you posted.