Now that Roe v Wade has been struck down by the Supreme Court, Virginia and the rest of the states have the opportunity to decide on any legislation regarding abortion. There have already been discussions within VA about passing a bill that would limit abortions to 15 weeks, if not ban them all together. If true, the legislature and governor’s office should take this opportunity to also pass some legislation that will help alleviate some of the concerns of the pro-choice movement. This will not only help to build a bridge between the two sides and help to reduce tensions, but it is also pragmatic with elections coming up in November. (As a disclaimer, I realize that several of my points below do rely on to government to take various steps, which many Libertarians might shy away from. I want to merely reflect the fact that the removal of government restrictions is a net positive.)
The first recommendation is to modernize the sex education programs at all high schools throughout the state. While many people try to push an abstinence-only program, this not only doesn’t recognize reality, but it leaves young people at a great disadvantage when it comes to their futures. Teaching children about the risks that come with sexual activity as well as about the different forms of contraception and the pros and cons of their use will hopefully not only limit the number of unplanned pregnancies for young people but also curb the growth in the number of people with STIs.
Second, any state regulations that limit access to birth control or the morning after pill should be removed. Purchasing these products should be available at any pharmacy without a prescription. Pharmacists should be available to consult on these products to make sure that the person gets what they need, but we should remove as many roadblocks as possible for the purchase of these products.
The same should be said for any state regulations regarding birth control, the morning after pill and insurance. These products should be covered by a person’s health insurance as well as an HSA plan. The legislature and governor’s office should do what they can to work with health insurers on this topic.
Third, permanent sterilization procedures should be available regardless of age and should be covered by insurance. People are often discouraged from getting a tubal ligation or vasectomy if the doctor feels that they aren’t old enough and may later regret the decision. While a doctor should inform the person of any drawbacks, the patient should be able to make this decision for themselves. Insurance companies obviously have the option to choose what procedures the cover, but I believe many should support this since these procedures will be far cheaper than the costs of giving birth and the associated costs throughout the life of the child.
Fourth, if the decision is made to completely ban abortions in Virginia, a special caveat should be made for cases of incest, rape, a threat to the mother’s health and traumatic birth defects. The increased availability of a morning after pill will help in cases of rape or incest because even if the woman doesn’t go to the police, she can still take that step to protect herself. In additon, victims of rape or incest should be given an 8-week window to see a doctor if a pregnancy is still a possibility. If a mother’s health is threatened, that needs to be determined as soon as possible to limit any discomfort to the embryo. The same should be said for traumatic birth defects. If it is determined that the baby will be born with a condition that will cause the child to live a short and painful life, then the humanitarian decision can be made to end the pregnancy as soon it is determined. Conditions like down syndrome, etc should not be considered as traumatic birth defects and should not be covered by any special rules.
Last, the state needs to do everything it can to make adoption safe and affordable as well as protect the rights of the child and the adoptive parents. Over the past several decades, parents that want to adopt children have opted to find children in other countries rather than adopt children within the US. While there are numerous reasons, the most common are the cost and the risk of the birth parent suing to get the child back. To reduce the costs, the state needs to remove any regulations that hinder the adoption process or increase the costs in any way. Independent adoption agencies should take the lead when it comes to vetting parents and connecting them with pregnant women that want to give their child up. The state can also pass legislation that prevents the birth parents from suing for custody to get their child back. This is not only traumatic for the child and adoptive parents, but it hurts the entire industry and causes people to look elsewhere for adoption opportunities.
While these suggestions cover some of the biggest complaints that the pro-choice movement might have, there are undoubtedly more concerns that need to be addressed. Therefore, there must be honest and direct conversations between all parties to try and make a plan that works for the most people in Virginia. This issue shouldn’t be used to score political points or punish the person on the other side of the aisle. Let’s use this court decision to bring Virginia together.