West Virginia House bill would remove rape and incest exceptions for abortion

West Virginia House members have introduced a bill to remove rape and incest exceptions in the state’s pro-life law.

State law currently protects most preborn children from abortion, but House Bill 2712 would extend those protections. Under the bill, an induced abortion — the direct and intentional killing of a preborn child — would not be allowed unless a licensed medical professional determines the “embryo or fetus is nonviable,” “the pregnancy is ectopic,” or a “medical emergency exists.”

West Virginia law defines abortion as “the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a female known to be pregnant and with intent to cause the expulsion of a fetus other than by live birth.” (emphasis added)

Treatment for an ectopic pregnancy is not legally considered an abortion because the intent of the procedure is not to kill the child but to save the mother’s life. Induced abortion is also unnecessary when a pregnant woman faces a medical emergency as the child can be delivered, even prematurely, rather than intentionally killed and then delivered. In addition, viability is an arbitrary label that is up to the doctor’s discretion. A child who receives a prenatal diagnosis should not be targeted for death and is deserving of quality health care, as is any born child who receives a diagnosis.

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One of the bill’s sponsors, Delegate Elias Coop-Gonzalez said, “As a staunch advocate for the sanctity of life, I remain committed to protecting every human being from the moment of conception, including innocent preborn children who are conceived in the tragic and heartbreaking circumstances of rape and incest. While some have called for exceptions to be made in these cases, I believe it is vital to stand firm in the conviction that no child, regardless of their conception, deserves to be deprived of life.”

He continued, “It is crucial to recognize that the preborn children in these tragic situations are innocent; they are not responsible for the sins of their fathers. Removing the rape and incest exceptions in West Virginia’s abortion law is a moral decision rooted in justice, mercy, and compassion for the most vulnerable among us. Every life, no matter how they were conceived, has inherent dignity and value, and it is our duty as a society to protect and defend these children, not to condemn them to death.”

Coop-Gonzalez added that he expects pushback on the bill but is firm that he “will not back down” in protecting the right to life for children conceived in rape and incest.

He said, “The right to life is non-negotiable, and I will continue to fight for the most vulnerable among us.”