Regent University

THE PATRIOT'S

DISPATCH

Sic Semper Tyrannis

Political Commentary

The Pro-Life Case Against Virginia’s Abortion Amendment: A Conversation

Jason Delgado interviews pro-life lobbyist Jennifer Hubert about Virginia’s proposed reproductive-freedom amendment.

Jason Delgado

In November, Virginians will decide whether to enshrine abortion into the state constitution. The vote has already mobilized both sides in what is to be the most consequential Commonwealth ballot measure this fall. For this interview, I speak with prolife lobbyist and Regent University alumna Jennifer Hubert.

What is your role as a pro-life lobbyist in Virginia, and how did you enter this work?

I am the assistant lobbyist for the Virginia Society for Human Life. VSHL is the oldest pro-life organization in America and the state chapter of National Right to Life. My role is to speak with legislators and their staff to testify on legislation, and to inform the public about relevant legislation. I started this work when I joined Regent Students for Life as a freshman and built that involvement into a career.

What should Virginians understand about the proposed "Right to Reproductive Freedom Amendment?"

There are two really important things to understand about the amendment. First, this will override all of our parental consent laws. Currently a minor requires judicial bypass or parental consent to acquire an abortion in Virginia. Under this amendment, the adult molesting a twelve-year-old girl could take her to get an abortion, and he gets to cover up his crimes without her parents ever having the right to know.

The other important aspect is that this will greatly reduce safety standards for all abortion procedures. Because the amendment does not specify who can or cannot provide abortions, it could be anyone off the street with little or no knowledge of how to perform one, and there would be no legal recourse for any woman harmed by someone like that. What would the amendment change in practice? Would it weaken current abortion limits, regulations, or oversight? Practically speaking, the amendment doesn't make more abortions legal in Virginia. Abortion is already fully legal at any stage of pregnancy with some vague limits on thirdtrimester abortions that can be overridden by simply getting three doctors to say that it's necessary. What the amendment does do is make abortions less safe for women, creates serious dangers for minors and victims of assault, and opens up opportunities for predatory behaviors by abusers, traffickers, and those seeking to make money off desperate women.

How do you interpret the amendment’s “compelling state interest” standard? What regulations, if any, would still survive under it? Because the amendment does not define what a "compelling state interest" would be, it really means nothing. Informed consent requirements were repealed in 2020 by the same people who worked on this legislation, so it's safe to say that these standards would all be overridden. In fact, one of the commonwealth's attorneys assigned to House committee hearings was asked about parental consent as it pertains to this legislation by the chair of the Privileges and Elections Committee, and she said that the courts would favor the amendment over current law in that regard. How are you and VSHL educating voters ahead of the referendum? How do you plan to reach with persuadable voters concerned about the amendment’s scope? Our focus is on the text of the amendment, especially considering the deceptive language which will be used on the ballot.

This language is designed to convince voters that what they're voting on is intended to protect women and licensed medical professionals when in reality, this amendment would protect abusers, traffickers, and those seeking to take advantage of vulnerable women. Once you explain to even the most ardent abortion defenders how this will lower safety standards for women and minor-aged girls, everyone gets concerned. Focusing on parental rights and women's safety are the best ways to explain the issues with this legislation. If the amendment passes, what policies would you support to protect women, support parenting, or reduce abortion under current law? Could prolife groups work with abortionrights supporters on issues like maternal health? Virginia has been making great strides in the last few years on this. Governor Youngkin pushed his MOMnibus package last year, and just this week Governor Spanberger signed more maternal healthcare laws. This sort of legislation is already happening, most of it being supported unanimously in the General Assembly.

These laws are wonderful steps forward, and just another reason why those claiming the amendment is necessary are ignorant or just flatout lying. What practical steps should concerned Virginians take in the coming months at the local, parish, or community level? Vote. Go out and vote. Tell other people to vote. Go to your church leadership and insist someone speak about this, whether it's you or someone else. It's not a candidate or a party, so churches absolutely can and should speak about this. There are several organizations with good information. VSHL in particular has information about the amendment specifically for churches, so anyone can and should reach out to me for that. There are no two ways about it: this amendment must be defeated and the only way to do that now is to convince people to get out and vote no on November 3rd. For questions or more information, Jennifer Hubert can be reached at jennifer@vshl.org.