2017 General Assembly Legislative Updates 1/23: Bathroom Bill's down, Day of Tears passed, and we have some environmental work to do

A brief update on the 2017 Virginia General Assembly: 

HB 1612, the Anti-Trans Bathroom Bill, is Dead

Del. Bob Marshall's anti-transgender bathroom bill, HB 1612, was killed in the House general laws subcommittee (composed of 2 Democrats and 5 Republicans). This bill would require that public institutions ensure that transgender people only used sex-segregated facilities (bathrooms, locker rooms, etc) which corresponded to the sex on their birth certificate, rather than their gender identity and presentation. It would also require schools to out transgender or possibly-transgender children to their parents within 24 hours. 

It looks like there are two factors which played a role in the bill's defeat: the certainty that Governor Terry McAuliffe would veto the bill, and the example of North Carolina's strong opposition to HB 2, their own Bathroom Bill passed last year. Let's give a hand to our comrades and allies down in NC, who showed the subcommittee the kind of storm they'd be in for if they voted the bill on. Here's the Richmond Times-Dispatch's story on the bill's death. 

HR 268, Resolution Declaring Roe v. Wade Day the "Day of Tears," Passes the House

Del. Benjamin Cline's bill declaring January 22nd the "Day of Tears," during which the legislature encourages private flags to be flown at half-mast to "mourn the lives lost to abortion," passed the House in a vote of 57-36. This won't make any practical difference in the availability of abortion to Virginians, but is an attempt to shame and vilify people who have made a medical decision about their own body. 

You can see how your representative voted here. Because this item is a resolution, not a bill, the governor doesn't get a veto, and it seems likely that it will pass the Senate. 

Set of Bills Submitted to Hide the Chemicals Used in Fracking

This one involves two sets of bills. The first set, HB 1678 and SB 1292, would exempt information deemed trade secrets from Freedom of Information Act (FOIA). The next set, HB 1679 and SB 1291, would define the chemicals used to stimulate wells in hydraulic gas fracturing (fracking) as trade secrets, and exempt them from disclosure under FOIA. 

These bills, introduced by Del. Roxanne Robinson and Sen. Ben Chafin, would shield gas companies from public scrutiny; scrutiny which is sorely needed. Fracking works like this: a well is drilled in a shale formation which is interspersed with natural gas. A high-pressure mix of water and chemicals are injected into the well, to stimulate the gas extraction. This process forces the fracking mix into the aquifer (where drinking water comes from if you have a well). 

Essentially: gas companies can do what they want, and if you're poisoned because they do it near your well, good luck proving it. You can write a letter to your reps using this form the Sierra Club has set up. 

Roe v. Wade Day

Today is Roe v. Wade Day, the anniversary of the 1973 Supreme Court case which ruled that a person’s right to privacy includes the right to an abortion, up until the point of fetal viability (legally, 24 weeks). Any attempt to restrict access to abortion before 24 weeks, such as the 20-week ban currently going before the Virginia General Assembly (HB 1473), is unconstitutional. 

This is extremely significant; before legal abortion was available, people who needed the procedure obtained it any way they could, often from people with limited or nonexistent medical training. These backalley procedures frequently resulted in death by infection or hemorrhage. Read more here.

2017 General Assembly: Bills Involving Women, Reproductive Health, and Abortion

Note: Bills can still be filed until January 20th, so new items may be added. To see my master list of 2017 legislative topics, click here.

The letters before a bill’s number designate its chamber of origin. HB= House Bill, SB= Senate Bill, HR= House Resolution, etc.

Bills to support:

HB 153 and SB 877 both overturn Virginia’s rule mandating that abortion clinics be held to the same architectural standards as hospitals. This rule, which is now being phased out by the Board of Health after a long political fight, is an example of a legislative strategy called TRAP (Targeted Regulation of Abortion Providers). TRAP laws are intended to end poor people’s access to abortion without actually mounting a challenge of the procedure’s legality, by closing clinics.

HB 1593: Exempts toilet paper, adult diapers, and menstrual hygiene products from sales tax.

SJ 221: Ratifies the Equal Rights Amendment to the Constitution, which reads “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

Bills to oppose:

HB 1473: Prohibits abortion after 20 weeks gestation under the premise that, at this age, a fetus can feel pain. This is an attempt to undermine the 1973 Supreme Court decision Roe v. Wade, which found that abortion is protected under a person’s right to privacy until 24 weeks gestation. The argument that a fetus can feel pain at four months is also 1. Unproven, and 2. Of limited relevance. A pregnant person’s right to their body still takes precedence.

HR: 268: A resolution to establish the anniversary of Roe v. Wade, the Supreme Court decision which established the legality of abortion, as the “Day of Tears.”