Governor Warner Announces Action on Abortion Bills and "Choose Life" License Plate

Governor Mark R. Warner tonight announced his amendments to two abortion-related pieces of legislation. Additionally, the Governor vetoed HB 1406, which would have created a Virginia license plate with the slogan "Choose Life."

Parental Consent for Minors' Abortions (HB 1402/SB 1124)

One of the most important purposes of our laws is to safeguard the medical privacy of Virginians. In their present form, the so-called parental consent bills threaten medical privacy.

To that end, I am offering amendments to HB 1402 and SB 1124 that will remove the requirement for a notarized statement of consent by a minor seeking an abortion and amendments that will simplify the judicial bypass provision.

These bills require that a doctor be provided with a notarized statement of consent even if both parents accompany their daughter to the doctor's office and agree to the procedure. Unlike doctors, notaries are under no professional ethical obligation to keep information confidential. Accordingly, this bill could have the effect of opening this most personal and confidential family decision to others outside the family. We are aware of only one other state in the nation (Louisiana) that requires a notarized statement authorizing a minor's abortion.

Likewise, the judicial bypass provision in these bills is overly burdensome. If a court concludes that an abortion without parental consent is in a minor's best interest, there is no reason that the court should have to separately decide whether notice to the parents is or is not in her best interest. Accordingly, I am asking that the notary requirement be removed and that the judicial bypass procedure be made less burdensome for those young women for whom consent is not an option. I have amended these troublesome provisions.

Beyond these concerns, I have seen no evidence that our existing parental notification law and our existing 24-hour waiting period are not working to involve families in these decisions.

Ban on Abortion Procedure (HB 1541/SB 1205)

I support the decision in Roe v. Wade, and I trust the women of Virginia to make responsible choices affecting their lives and their health care. Nevertheless, as I have said consistently, I am opposed to all post-viability abortions - except to protect the mother's life or her health. I would sign a bill banning this troubling and rarely-used procedure, if the bill contained both exceptions, but these bills do not contain a health exception. Accordingly, I have sent down an amendment to these bills providing for a narrowly tailored exception to protect the physical health of the mother. I am confident that all reasonable persons will support this very limited physical health exception.

"Choose Life" License Plate (HB 1406)

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1406.
House Bill 1406 would authorize the issuance of license plates bearing the legend "Choose Life." I do not support political or ideological slogans on license plates, regardless of their expressed viewpoint. Indeed, I would veto a bill authorizing a "Pro Choice" license plate, even though I support a woman's right to choose. I also am concerned that the bill raises potential First Amendment issues that were not adequately addressed by the bill's patron or other proponents. The only court to consider this issue on the merits - a court, like Virginia's federal courts, within the Fourth Circuit Court of Appeals - recently held that a "Choose Life" specialty plate violated the Constitution of the United States. See Planned Parenthood of South Carolina, Inc. v. Rose, 236 F. Supp.2d 564 (D.S.C. Nov. 20, 2002). While I am aware that the Rose holding is not binding on the Commonwealth, my policy concerns, combined with the legal reasoning in that case, compel me to veto the bill.

I am particularly concerned about the attempt by some to demonize opponents of this proposal as "hateful toward children." We should not tolerate unfounded personal attacks against public officials who fairly and honestly believe that license plates are not an appropriate forum for political statements. Our citizens deserve better. I encourage the General Assembly to examine the overall manner in which it considers and authorizes special license plates, and I applaud Delegate Leo Wardrup's efforts on HB 1492, which takes a first step toward reforming the process for approval of special license plates.

Governor of Virginia - Mark R. Warner
Copyright 2003