“Fetal personhood” has emerged as the next step of the anti-abortion movement.

By amending state constitutions or passing new laws, several state legislatures across the country are attempting to give fetuses the rights and protections of any human under the law.

Legislation has been proposed in at least 13 states and at the federal level. The states include Georgia, Idaho, Indiana, Kansas, Massachusetts, Missouri, New Hampshire, New York, South Carolina, Oklahoma, Vermont, Virginia and West Virginia.

While language differs from state to state, the idea remains the same: a fetus is redefined as an “unborn child” and will be considered human for legal purposes.

In addition to “fetal personhood” bills, other states are considering legislation that identifies a fetus as an “unborn child” or uses language that indirectly personifies a fetus, including criminalizing abortion as assault or murder or requiring child support payments beginning at conception. Among those states are Alabama, Florida, Hawaii, Kansas, Missouri, North Carolina, Oklahoma, Rhode Island, and South Carolina.

While the reality of these bills becoming law is relatively low, they come as part of a wave of legislation to further restrict abortion access following the Dobbs decision from the Supreme Court in June 2022. The decision overturned Roe v. Wade, which had given constitutional protections to abortion access.

National organizations, such as the National Association of Christian Lawmakers (NACL), have pushed these “personhood” bills as well as other anti-abortion legislation in legislatures nationwide. The NACL has had a direct influence on legislation in states like Missouri.

Jason Rapert, founder and president of NACL, said that the faith-based organization’s first piece of model legislation was the Heartbeat Act, which outlaws abortion after a fetal heartbeat is detected. Following the adoption of this legislation in numerous states and the Dobbs decision, the NACL shifted its focus to life-at-conception legislation.

“In this country, up until 1973, it was well understood that those babies were human beings … It’s inherent as a part of many of these bills because it is protecting those lives,” Rapert said.

But while anti-abortion advocates say these bills would protect the “unborn,” abortion rights advocates say that these “personhood” bills would not be beneficial to pregnant people. Taylor Morton, a lobbyist and policy analyst for Planned Parenthood Great Plains Votes, said that anti-abortion bills are especially prevalent this legislative session.

“The effort to establish “fetal personhood” is a disingenuous tactic used by those who oppose comprehensive sexual, reproductive healthcare,” Morton said. “It elevates the rights of a fetus to be equivalent, or even superior, to those of a pregnant person.”

Morton said that sometimes, these bills can be deceiving and seem to be promoted as beneficial to women.

“On the surface, these bills appear to support pregnant people and families,” Morton said. “But if you look closer, the bills are nothing more than an attempt to further an anti-abortion agenda by codifying that fetal personhood language.”

Efforts Across State Legislatures

Kansas has seen many bills that would make abortion more difficult to access despite voters rejecting an amendment in 2022 that would have said there was no right to an abortion in the state.

Senate Bill 425 and House Bill 2653 in Kansas would establish an unborn fetus as eligible for child support.

Bill 2653 passed through the House 83-40, with mostly Republican support, at the end of March. The bill was also introduced and received in the Senate, which referred it to the Senate Committee on Federal and State Affairs. Because the legislature is taking its April hiatus from bill hearings, the bill will not pass through the committee and on to the Senate during  this legislative session.

Sen. Ethan Corson, D-Prairie Village, said that bills are not labeled as “fetal personhood” because they would be met with more resistance.

“The concept is embedded in a different, or less clear purpose,” Corson said.

He said he could see these types of bills potentially leading to limited abortion access.

“If you say that an unborn fetus has the same legal rights as a pregnant person, then that calls into question existing laws around reproductive healthcare and access to abortion,” Corson said.

In Florida, the state Supreme Court – five of the seven justices were appointed by Gov. Ron DeSantis – ruled to allow a proposed constitutional amendment guaranteeing abortion rights on November’s general election ballot.

The same day, the court also ruled that the state’s newly enacted ban on abortions after six weeks can take effect May 1.

This year, the state’s legislature considered, but did not pass, a bill that would effectively ban all abortions unless a mother’s life was in danger. Similar to so-called “fetal personhood” proposals in other states, the bill declared that “a person exists from the moment of fertilization” and called legal abortions “a crime against humanity.”

The “fetal personhood” bill, introduced by Republican Reps. David Borrero of Doral and Mike Beltran of Apollo Beach, languished in committees without a hearing or formal vote.

The ban on abortions after six weeks, before many women realize they are pregnant, includes an exception to save the life of the mother. Abortions for pregnancies involving rape or incest would be allowed until 15 weeks of pregnancy, as long as a woman provides documentation, such as a restraining order or police report.

But on the same day, in another case, the Florida Supreme Court agreed to allow voters in November to decide whether to guarantee abortion rights in the state, effectively overturning both the 15- and six-week abortion bans if 60% of voters approve under a new constitutional amendment.

Republicans have moved quickly to campaign against the abortion vote already, calling the amendment deceptively written and an “extreme, unlimited abortion” plan. The amendment would guarantee women the right to abortions before fetal viability, generally recognized around 24 weeks.

In Missouri, efforts to personify fetuses have been seen last legislative session and this session. Sen. Mike Moon, R-Ash Grove, and Rep. Brian Seitz, R-Branson, have proposed similar  bills that would grant a fetus the same rights and privileges of any Missouri resident, beginning at conception.

More indirect efforts to establish “personhood” have included a bill from Rep. Raychel Proudie, R-Ferguson, that allows child support to be requested beginning at six weeks from conception. Reps. Michael Burton, D-Lakeshire, and Dean Van Shoiack, R-Savannah, have proposed identical bills that would prevent “unborn children” from being considered employees for civil action purposes.

The bill from Van Shoiack is the only one that has seen any traction this session, the rest have been stuck in committees or waiting to be referred to a committee. Van Shoiack’s bill was passed out of committee and is awaiting floor action.

Simultaneously, initiative petition acts have picked up steam this year – both to ban abortion and to enshrine abortion rights in the state constitution.

With abortion-related initiative petition efforts growing, the Missouri legislature has also made progress in the fight to limit the ability of Missourians to change the state constitution. Progress has been slowed by Democratic filibusters and disagreements over “ballot candy.”

In this case, it refers to provisions that state that anyone who isn’t a Missouri resident and a U.S. citizen is barred from voting on constitutional amendments and that constitutional amendments funded or sponsored by governments of foreign countries or foreign political parties are unlawful. This is referred to as “ballot candy” because these provisions already exist in federal law.

The Next Steps of the Anti-Abortion Fight 

Rapert of NACL, the organization promoting fetal person legislation, said the next step will be working to outlaw abortion pills.

In Virginia, which is surrounded by several states where abortion is entirely illegal or severely restricted and has become a refuge for those seeking abortions in the South, lawmakers efforted to protect access to contraceptives.

Virginia Gov. Glenn Youngkin amended bills to codify such access and provide coverage through health insurance.

Senate Bill 237 and House Bill 609 ensured health care providers the right to provide contraceptives and contraception-related information and allowed enforcement of the provisions through the attorney general’s office.

Youngkin’s changes make the bills a public policy “suggestion” rather than law, according to the bill’s Senate patron.

The governor “continues to support access to contraception while ensuring the protection of constitutional rights,” Youngkin’s press secretary, Christian Martinez, recently stated to Bloomberg News.

The governor’s amendment to the health insurance bill allows organizations to opt out of coverage based on religious and ethical beliefs. Lawmakers voted to reject his suggestion.

Reporters Rylie Oswald Al-Awhad of the KU Statehouse Wire Service, Serra Sowers of Fresh Take Florida and Emily Richardson of VCU Capital News Service contributed to this report. Murphy reports for the Missouri News network.

By EMMA MURPHY
Missouri News Network

In this Town Talk, Mike McCool sat down with Rick Logan and Chuck Brome from the South Warren Ruritan Club to discuss their annual flower basket fundraiser, a beloved community tradition. This year’s sale is scheduled for May 11th, and the club is excited to offer beautiful hanging baskets sourced from Spring Garden Greenhouse in Singer’s Glen, Virginia.

The South Warren Ruritan Club, known for its commitment to local causes, has a history of successful fundraising events, including its annual spaghetti dinner. While attendance was lower this year due to competing events, the dinner still provided leftover food to the House of Hope and featured a new musical group, Chicken and Dumplings, to entertain guests.

The flower basket fundraiser features 13-inch mixed flowers and 10-inch variety baskets with a single flower variety. Prized for their beauty and quality, these baskets are often snatched up quickly. The sale occurs in the Ramsey Hardware parking lot, with baskets available from around 9 a.m. until they sell out. Prices range from $30 to $45, and the proceeds support local nonprofits such as House of Hope, Blue Ridge Opportunities, and Special Olympics.

The fundraiser allows the community to support worthy causes while enjoying beautiful flower baskets. The South Warren Ruritan Club invites potential volunteers to join their efforts, emphasizing the rewards of community service and camaraderie at their monthly dinner meetings. With a strong tradition of giving, the club looks forward to welcoming new members who share their passion for helping others.

Town Talk is a series on the Royal Examiner where we will introduce you to local entrepreneurs, businesses, non-profit leaders, and political figures who influence Warren County. Topics will be varied but hopefully interesting. Let us know if you have an idea topic or want to hear from someone in our community. Send your request to news@RoyalExaminer.com

Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect.

The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ+ students has come under attack by Republican attorneys general in several states.

Miyares called the changes a “dangerous overhaul” of Title IX and said the new rules would negatively impact students, families, and schools in the Commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.

“The Biden Administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”

Virginia Attorney General Jason Miyares at the Virginia State Capitol on Jan. 10. (Nathaniel Cline/Virginia Mercury)

Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.

Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.

The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information and supports students and families.

Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections, including for LGBTQ+ students, by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ+ students to come to school as themselves without fear of harassment or discrimination.

“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden Administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.

The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.

Protections

While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ+ students and employees, including providing complete protection from sex-based harassment and prohibiting schools from sharing personal information.

Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.

The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.

The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.

The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.

Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.

Virginia policies

In 2021, the first model policies for transgender students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of transgender and nonbinary students and to protect the privacy and rights of these students.

However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.

The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”

Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.

The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.

“All Virginia students, including our transgender and non-binary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior transgender rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”

Athletics not included

The provisions under the new Title IX rule did not mention anything about requiring schools to allow transgender students to play on teams that align with their gender identity. Virginia has taken its own shot at banning transgender athletes from competing in sports through legislation.

In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.

The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.

The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for transgender athletes to participate on teams that match their gender identity, but under certain conditions.

Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.

Sen. Tammy Brankley Mulchi, R-Mecklenburg, who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.

Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.

“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.

However, Sen. Stella Pekarsky, D-Fairfax, argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”

by Nathaniel Cline, Virginia Mercury

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Warren County agencies have come together for the second year to address the local need for an emergency shelter for women and children. While there is no shelter for them in the immediate area, Warren Coalition, Habitat for Humanity, Blue Ridge Housing Network, Phoenix Project, Warren County Department of Social Services, Bridge of Hope of Greater Warren, and the Hope and Rest Temporary Shelter (formerly the Thermal Shelter) are working together to build the fund that provides the women and children with emergency shelter in motels. The goal is to ensure that the families are safe while they look for long-term housing options.

The group will host a donation drive May 11th-18th. Donations of any amount will be accepted, but $5 donations will be awarded a “door prize” ticket, and $20 will receive five such tickets. During the Wine & Craft Festival on May 18th, door prizes of varying values will be given away. The group has gift certificates from The Apple House, The Vine & Leaf, Melania’s Gourmet, Martin’s, Sun Stoppers, On Cue, and C & C Frozen Treats. Additional prizes are being gathered through May 15th.

To make a monetary gift directly to the program, write a check to “Warren Coalition” and “Emergency Shelter” in the memo line. The check can be sent to Warren Coalition, PO Box 2058, Front Royal, VA 22630. Donations may also be made online at warrencoalition.org/support-the-coalition; select “Emergency Shelter for Women and Children” in the “Note” section.

The following is a list of highway work that may affect traffic in Warren County during the coming weeks. Scheduled work is subject to change due to inclement weather and material supplies. Motorists are advised to watch for slow-moving tractors during mowing operations. When traveling through a work zone, be alert to periodic changes in traffic patterns and lane closures.

*NEW* or *UPDATE* indicates a new or revised entry since last week’s report.

INTERSTATE 66
*NEW* Mile marker 0 to 15, eastbound and westbound – Overnight alternating lane closures for pavement marking installations, 8 p.m. to 4 a.m. Monday and Tuesday nights.

*NEW* Mile marker 0 to 2, eastbound – Right shoulder closures for utility work, 7:30 a.m. to 7 p.m. through May 31.

*NEW* Mile marker 8 to 7, westbound – Right shoulder closures for sign work, 8 a.m. to 5 p.m. Monday through Friday.

Mile marker 9 to 7, westbound – Overnight right lane closures at Shenandoah River bridge for utility work, 8 p.m. to 5 a.m. through Thursday night.

INTERSTATE 81
*UPDATE* Mile marker 299 to 300, northbound – Overnight alternating lane closures for overhead sign repairs, 8 p.m. to 4 a.m. Monday night.

Mile marker 299 to 300, northbound – Right shoulder closures for utility work, 7:30 a.m. to 7 p.m. through May 31.

Mile marker 299 to 300, northbound and southbound –Overnight lane closures and traffic-lane shifts as needed, 8 p.m. to 7 a.m. through December 2024. Shoulder closures 24/7. Work zone speed limit: 55 miles an hour. Work is related to southbound acceleration ramp extension and bridge widening, with estimated completion in late 2024.

PRIMARY ROADS
*NEW* Route 55 (John Marshall Highway) – Flagger traffic control between Front Royal town limits and Route 647 (Dismal Hollow Road) for guardrail upgrades, 8 a.m. to 3 p.m. Thursday (May 2) and Tuesday (May 7).

*NEW* Route 340 (Stonewall Jackson Highway) – Flagger traffic control between Route 674 (Limeton Church Road) and Route 607 (Rocky Lane) for pipe replacement, 7 a.m. to 5 p.m. May 7 – May 14.

SECONDARY ROADS
Route 658 (Rockland Road) – Closed to through traffic between Route 340/522 (Winchester Road) and Route 705 (Fishnet Boulevard) for the construction of a bridge over Norfolk Southern Railway. Estimated completion December 2025.

Vegetation management may take place district-wide on various routes. Motorists are reminded to use extreme caution when traveling through work zones.

Traffic alerts and traveler information can be obtained by dialing 511 or at www.511Virginia.org.

Mike McCool sat down with Avery Harper and Susan Hrbek from the Phoenix Project to discuss the organization’s impactful work. Despite its significant contributions, the Phoenix Project often flies under the radar. The organization provides essential support for survivors of domestic and sexual violence in Front Royal and Warren County.

In July 2023, the Phoenix Project achieved professional accreditation from the Department of Criminal Justice Services, signifying its commitment to high standards in administration, crisis intervention, advocacy, and community engagement.

The Phoenix Project has a 24/7 hotline for survivors and collaborates with local police to immediately assist those in need. The organization offers transportation services for clients needing to reach various locations, including courthouses and medical facilities. It also provides language and interpretation services to non-English-speaking clients.

The top reasons people contact the Phoenix Project include crisis intervention, counseling, criminal justice information, and referrals to other services. The organization maintains strict confidentiality, and its website features a quick exit button to protect the privacy of those seeking help.

The organization relies on grants and fundraising to operate. One notable fundraiser is a Mother’s Day basket raffle, with tickets available online or at their office. The Phoenix Project also hosts a popular wine pull event.

The Phoenix Project will celebrate its 10th anniversary in May with a public event. The organization has provided shelter for many survivors, including women, children, and men, who face domestic or sexual violence. Their work highlights that such violence affects people from all walks of life.

In January 2023, the Phoenix Project expanded its services to include a sexual assault program, with a dedicated advocate providing support and education.

The Phoenix Project’s services are free and confidential, helping survivors of all genders. The organization encourages anyone in need of assistance to call, whether they are experiencing physical violence or other troubling relationship dynamics. The Phoenix Project is a vital resource in the community, offering support and safety to those in need.

For more information, please visit their website.

Town Talk is a series on the Royal Examiner where we will introduce you to local entrepreneurs, businesses, non-profit leaders, and political figures who influence Warren County. Topics will be varied but hopefully interesting. Let us know if you have an idea topic or want to hear from someone in our community. Send your request to news@RoyalExaminer.com