U.S. Sen. Tim Kaine said this week that he does not support provisions in a Virginia Democrat’s bill that would ease restrictions on third-trimester abortions, becoming the most prominent Virginia Democrat to distance himself from the failed legislation.
Kaine, a former Virginia governor, told Capitol Hill reporters Thursday that he does not support the changes included in legislation introduced in the General Assembly by Del. Kathy Tran, D-Fairfax.
“I support the existing Virginia law, which has been in place since the mid-’70s, and it puts conditions upon a third-trimester abortion,” said Kaine, according to a transcript provided by his office. “I support the existing law, not the Tran bill. I don’t think the existing law needs to be changed.”
As a Catholic, Kaine has long said he personally opposes abortion but supports its legality. Kaine didn’t wade into the controversy about viral videos of Tran and Gov. Ralph Northam discussing the bill’s ramifications, saying he would not “comment about comments.”
Tran’s legislation, which failed in a House of Delegates subcommittee on Monday, would have loosened a state law dealing with late-term abortions. Under existing law, abortions are allowed in the third trimester only if three doctors certify that the mother’s life or health is at a severe risk.
Tran’s bill would have allowed one doctor to certify such abortions and would have lowered the standard for determining risk to the mother. The current law says doctors must determine a pregnancy would “substantially and irremediably impair the mental or physical health of the woman.” Tran’s bill would have removed the phrase “substantially and irremediably.”
Data from the Virginia Department of Health show that third-trimester abortions are exceedingly rare, and Democrats have said women seek them only if something has gone terribly wrong with a pregnancy. Since 2000, there have been only two confirmed abortions in the third trimester, according to state statistics.
House Republicans raised the issue again on the floor Friday morning, mentioning Kaine’s comments in opposition.
Though many Democrats are standing by Tran and accusing Republicans of launching a coordinated political attack against her that has led to threats and intimidation, some of her colleagues are having second thoughts about the legislation.
Del. Rob Bell, R-Albemarle, said House Democrats should be clear about where they stand on the legislation.
“If you’re a co-patron and wish to get off, you still can,” said Bell, noting that Del. Dawn Adams, D-Richmond, has already distanced herself from the bill to which she attached her name.
Del. Jeff Bourne, D-Richmond, one of the three Democrats who voted in favor of Tran’s bill after the subcommittee hearing, said his vote would probably be different today after the intense scrutiny of the third-trimester provisions.
“As Senator Kaine said, the law that’s been on the books for decades strikes the right balance,” Bourne said.
Tran spoke about the bill from the floor for the first time Friday, saying she regrets that the debate surrounding it has been “politicized.” She said she was “simply caught off guard” by the questions during the hearing that led her to say her bill would allow abortions for mental health reasons up until the moment of birth.
“Simply put, infanticide is illegal. And House Bill 2491 does not change this,” Tran said. “It would continue to remain illegal. And I want to make clear that I strongly condemn those types of actions.”
Tran said she has heard from women across Virginia who support her efforts to keep politicians out of women’s health care decisions.
“I really appreciate the support that I have of some of my House of Delegates and Senate members as well as some of our state leaders,” she said.
House Minority Leader Eileen Filler-Corn, asked if she expects the legislation to be introduced again next year in the same form, said the bill should “of course should be worked on.”
“And that’s what would have happened here too had it gone through the committee process,” Filler-Corn said. “We had no opportunity to discuss and review the specific language.”
