Roll up your sleeves
Fight to SAVE the Children of Virginia
Does your right to life and the right to life of children matter in the Commonwealth of Virginia?
Do parental rights matter in the Commonwealth of Virginia?
If you believe children should be protected and that parents have an unalienable right to protect their children, then your voice needs to be heard on Wednesday. Get the sleep out of your eyes, this is serious. The Democrat majority wants to destroy the lives of families and children without restriction. Every Republican should be present fighting this like a mad dog and if they are not, they need to be replaced.
Three Constitutional Amendments are being proposed in the House Privileges and Election Committee, November 13 at 11 am House Room C, Room 206, in the General Assembly Building, 201 N. 9th Street. Please register to speak in person or online. It is unclear whether in person testimony will be allowed. (So much for the Government of the people, by the people and for the people, when they will limit comments.) I believe your in person presence is crucial for this hearing. We must document the discussion and hold our elected official accountable.
HJ1 Constitutional amendment; fundamental right to reproductive freedom(first reference).
HJ2 Constitutional amendment; qualifications of voters, right to vote, persons not entitled to vote.
HJ9 Constitutional amendment; marriage between two individuals.
Below is the full text of Constitutional amendment HJ1. This law would permit unrestricted abortion (including minors) and unrestricted surgeries/procedures/hormones on minors (transgender procedures and medication) and adults without restriction. There is NO language for parental consent. A minor cannot attend school without parental consent. A minor cannot get their ears pierced without parental consent. But this law would allow a minor to consent (I argue, not informed consent) to an abortion and/or the mutilation of their bodies without parental knowledge or consent or against the wishes of the parents.
Parents, this is a call to arms. Link arms and create a fortress to protect our children.
HJ 1: Constitutional amendment (first reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that the right to make and effectuate one's own decisions about all matters related to one's pregnancy cannot be denied, burdened, or otherwise infringed upon by the Commonwealth, unless justified by a compelling state interest and achieved by the least restrictive means. The amendment prohibits the Commonwealth from penalizing, prosecuting, or otherwise taking adverse action against an individual for exercising the individual's right to reproductive freedom or for aiding another individual in the exercise of such right, unless justified by a compelling state interest.
Below is a limited list of concerns and potential amendments to the HJ1.
A special thank you to former Delegate Bob Marshall (House District 13, 13 terms, parts of Loudoun, Prince William and Manassas Park) for this comprehensive list of responses to the proposed legislation.
Begin by looking at definitions.
“Reproduction” includes birth control, sterilization, pregnancy, abortion, menstrual regulation (abortion vacuum procedure without a pregnancy test), sex or gender changes, surrogate pregnancy, creating and destroying developing human embryos, and cloning currently illegal, see VA Code, 32.1-12,21-22.
The words, “every individual,” apply to all adult males, females, as well as minors under 18 because these words are not restricted, modified or qualified by the Amendment authors. Therefore, no means of reproductive freedom behavior is excluded legal protection because of age or sex by the authors of the Reproductive Freedom Amendment, RFA.
Additionally, the Supreme Court ruled, “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone.” [In re Gault, (1967)] The RFA states, “The Commonwealth shall not discriminate in the protection or enforcement of this fundamental right.” But treating males or females under 18 differently than males or females over 18 is a textbook example of discrimination.
Attorneys Carrie Severino and Frank Scaturro noted points of the Ohio Abortion Referendum language (2023), which are strikingly similar to the Virginia counterparts that:
“The proposed Ohio constitutional amendment would make the state … become a likely jurisdiction to harbor a future Kermit Gosnell, whether he is a practitioner of abortion, sex-change surgery, or other procedures under the umbrella of reproductive care. Complete strangers who assist children in obtaining life-altering procedures would find themselves on the right side of the law, while parents who try to protect their children would be deemed to have run afoul of the law.”
“Any individual who tries to assist a minor in pursuing such procedures would be protected by law, while a parent who objects would be cut out of the decision-making process, perhaps even penalized.”
“It appears that the amendment … would even offer a level of protection to nonphysicians in their performance of covered procedures — whether abortion, sex-change surgery, or something else. … the language extends to any “person or entity” who provides assistance with the procedure at issue.” [National Review online, March 13, 2023, “Ohio’s Disastrous Abortion Ballot Proposal”]
Presented below are suggestions for types of amendments that should be considered for offering the Reproductive Freedom Amendment which is designed to bring out the maximum adverse social, familial and legal consequences of the RFA. They are not the specific language that should be proposed as the amendments to HJ1. There is appended polling information to some of the suggested Republican amendments to the measures.
Assembly may prohibit tax funding of abortions. 60% of voters opposes tax funds for abortion, (Knights of Columbus Marist Poll, January 2023, https://www.kofc.org/en/resources/communications/polls/2023-kofc-marist-poll-presentation.pdf).
Assembly shall require parental consent for schools to help students change their sex/gender, 71% of registered voters want laws to require schools to tell parents if their children wants to change their sex identity with 21 % supporting that policy, and 75% of registered voters want parental consent for such school efforts. (CRC Research, March 2023 for Parents Defending Education) The Premier LGBTQ group, the Human Rights Campaign, endorsed (8/15/2023) the Ohio Constitutional Amendment because it increased their ability to override parents for “transgender” change efforts, just like abortionists want to do. So please pass this to an interested Republican Assembly House/Senate member.
Assembly may enact 24-hour abortion waiting period. 63% of voters support a 24-Hour abortion waiting period. (Marketing Resource Group, March, 2023; 69% Favor, 28% Oppose, Gallup, 2011)
Assembly may require doctors to show and describe ultrasound images to women seeking an abortion; American Public Support 57% Oppose 42. (Kaiser Family Foundation, 2020)
Assembly may require abortion to be performed only by doctors who have hospital admission privileges. 69% of Americans support requiring doctors to have hospital admitting privileges, 30% oppose (Kaiser Family Foundation, 2020)
Assembly may exempt employers to pay for abortion in insurance programs 47% Oppose, 53% Support (Kaiser Family Foundation, 2020)
Assembly may specify the manner, place and conditions for performing abortions in the interest of safety to woman. 90% of voters support health-safety regulations for abortion clinics. (Marketing Resource Group, March, 2023)
Assembly may prohibit prescription drug Mifepristone use/availability in USA as an abortion Pill 59% Oppose, 37% Favor (Gallup, May 2023)
Assembly may require Parental Notice before and abortion: (70% say YES, 28% say NO, PEW Research, Center, May 5, 2022)
Assembly may exempt Pro Life Pregnancy Aid Centers from referring women to abortion clinics. Of likely voters, 50% of likely voters oppose compelling pregnancy centers, 29% support and 20% are undecided, Rasmussen, 3/16/2017)
Assembly may require parental consent for any reproductive or sex altering services or drugs. (Yes, 56%, No 43%, PEW Research, May 2022; 67% of voters support parental consent, Marketing Resource Group, March, 2023)
Assembly may require parental notice for abortion. (YES 70%, NO, 28% PEW Research, March, 2022)
Assembly may pass laws regulating or prohibiting abortion when there is a detectable heartbeat in the preborn child. [Kaiser Family Foundation 2020 survey: Do you support prohibiting abortions once cardiac activity i.e., fetal heartbeat, is detected? 49% Support, 50% oppose]
Remove references to protecting Life in VA Constitution at Article I, VA Bill of Rights and Article VI, Judiciary. (Offered to point out the inconsistency between abortion and the purpose of government. Republicans may wish to vote “present.”)
Cloning is currently illegal in Virginia and presently has a $50,000 fine per attempt. Cloning (current law VA Code 32.1-162.21-22;) Assembly may prohibit.
The Reproductive Freedom Amendment would legalize gene editing to make babies more intelligent or athletic. 12% Americans support, 69% oppose “designer babies.” (AP. Univ. Chicago Dec. 2018) Assembly may outlaw designer babies.
The Reproductive Freedom Amendment would legalize gene editing to change eye color or height. 10% Americans favor, 72% Americans oppose. Assembly may outlaw designer babies. (AP. Univ. Chicago Dec. 2018)
If gene editing relies on embryo testing, it would take technology too far, (65% of Americans agree, 33% disagree. (PEW Research, July 2018) Assembly may outlaw embryo testing.
Assembly may prohibit abortion after viability as well as increased penalties for physicians performing such abortions.
Assembly may require medical care for infants born alive after a failed abortion.
Assembly may prohibit abortion that inflicts pain on a child.
Assembly may prohibit sex selection abortions.
Assembly may prohibit “fetal reduction abortions” not necessary to protect the life of the mother and/or child.
Assembly may require public elementary-secondary schools (Standards of Learning) to teach biological truths regarding the scientific beginning of individual human life. EXPLANATION: The current VA Standards of Learning for Family Life Education in the Third Grade approved in 2020 under Governor, “put the kid on the table and we will decide what to do with him/her Northam,” provide that:
“3.7 The student will become aware that both a male and a female are necessary to have a baby. … babies begin with a sperm and an egg, with the male providing the sperm and the female providing the egg. This is an age-appropriate, medically-accurate introduction to reproduction …”
“3.8 The student will comprehend that the baby grows inside the mother's body for nine months and then is born. … Students also learn that at the end of nine months of development, the baby leaves the mother's body through the vagina or through a surgical process known as Caesarean section. …”
Assembly may penalize persons coercing minor or adult women into having an abortion.
The Assembly may exempt institutions or individuals from any requirement that mandates the providing of reproductive services including, but not limited to, provision of anti-fertility drugs or devices, sterilization, abortion, or the providing gender or sex altering services or drugs.
The Assembly may exempt institutions, associations, companies, organizations or individuals from any requirement that mandates the provision or participation in insurance requiring coverage of anti-fertility drugs or devices, sterilization, abortion, or the providing gender or sex altering services or drugs.
The Assembly may regulate or limit reproductive freedom rights, prerogatives and privileges only to adults.
The Assembly may require parental consent as a condition of minors exercising reproductive freedom prerogatives or behaviors..
The Assembly may limit Reproductive Freedom Rights to residents of Virginia.
The Assembly may impose restrictions or prohibitions on selling or furnishing pornography or sexually explicit pictures, films, sexual devices etc., to minors.
The Assembly may make criminal sexual trafficking laws protecting minors from sexually predatory adults.
The Assembly may require parental consent for any reproductive services (birth control, sterilization, abortion) and “transgender” drugs or surgeries which can cause permanent sterilization.
The Assembly may exempt private schools and home schools from any state requirements relating to reproductive freedom requirements and accreditation or licensure of teachers and staff.
Assembly may require disciplinary measures against abortionists, including loss of medical license, who fail to inform women of serious complications they experience.
Assembly may regulate or prohibit types of abortion that result in significantly higher incidence of preterm birth (before 37 weeks), low birthweight or cerebral palsy in later wanted pregnancies.
Assembly may require written informed consent before an abortion is performed.
The Assembly may prohibit school personnel or state employees from assisting any unemancipated minor to receive any reproductive services without express parental consent.
Assembly may require the availability of follow up care by abortion providers to treat abortion complications.
The Assembly may require the collection of abortion complications.
The Assembly may exempt persons with professional licenses from being required to offer services for providing reproductive services or cooperating with their implementation as a condition of keeping their professional license or of contracting with the Commonwealth or any of its subdivisions.
The Assembly may provide that declining to provide reproductive services shall not constitute invidious discrimination, or a violation of a civil right.
In reference to HJ9 Constitutional amendment; marriage between two individuals.
Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.
Del. Marshall noted that the Sickles “Marriage” HJ9 amendment offers NO definition of what type of relationship constitutes Marriage, i.e. no definition of “marriage”. Dr. Furey adds, BEWARE. If no definition of marriage is provided, there is nothing to prohibit a marriage between an adult and a child and permanently protecting pedophilia. If there is no definition of marriage and there is no clarification of “two parties”, what if one of the party is an animal? If there is no definition of marriage and it is currently between two parties, what prohibits the law from designating it could be 3, 4 or 5 parties?
HJ2 Constitutional amendment; qualifications of voters, right to vote, persons not entitled to vote.
Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution of Virginia shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution of Virginia provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.
Dr. Furey’s comments: I am concerned this bill may be a revolving door of rights/no rights. I fully support the restoration of rights to persons who have completed their sentence and are functioning members of society. My concerns are that are electoral process has some big obstacles. Every citizen and every vote in the Commonwealth needs to be assured that their vote counts. One citizen, one registered voter, one vote. Forty-five days of chaos needs to end. Make the election one day, voter ID with current address, no machines, and hand counts, no same day registration. This would aid in making our elections safer. This is transparent. Virginia is working to remove thousands and thousands from the voter roles who are not eligible to vote. Can we fix the problems we have prior to creating more problems?
Each proposed amendment is the opportunity for each of us to stand to protect our children and our families. Looking forward to seeing you Wednesday.
Sheila M. Furey, MD