This story was reported and written by our media partner Capital News Service.
Gov. Abigail Spanberger made a minor change to a bill that will make it a Class 1 misdemeanor to obstruct access to reproductive health care facilities. This is one of several bills passed this session to protect reproductive rights.
Sen. Stella G. Pekarsky, D-Fairfax, introduced Senate Bill 137 to address patient and staff safety at an abortion clinic in Alexandria, she said.
The bill prohibits people from intimidating, injuring or attempting to injure or stop those receiving or providing reproductive health services. It also creates a penalty for vandalizing health care facilities.
The bill does not restrict the content of messages, such as offers of help or signage, either inside or outside a reproductive health care facility, which was a slight change made by the governor. The bill as passed had contained a “regulated area” free of such messaging.
The original proposal included a specifically designed “buffer zone” to prohibit protesters from standing within 8 feet of a patient on any public walkway within a 40-foot radius of a clinic entrance, but the bill was amended before passage.
The bill now mirrors the Freedom of Access to Clinic Entrances Act of 1994 in response to President Donald Trump’s administration's public statement that they would no longer enforce the federal FACE Act, claiming it to be a “weaponization of law enforcement.”
Along with the statement, Trump pardoned 23 people convicted of violating the act, according to the Center for Reproductive Rights.
Pekarsky’s final bill focused on the FACE laws to avoid lawsuits that may come from the buffer zone.
“We compromised so we could get something out and try to protect these folks who are really in need of help,” Pekarsky said.
Sen. Scott A. Surovell, D-Fairfax, introduced the bill last session, but it was vetoed by former Gov. Glenn Youngkin.
Bill Advocates say Protection ‘Imperative’
Jamie Lockhart, executive director of Planned Parenthood Advocates of Virginia, worked with legislators behind the scenes to suggest that the bill focus on the FACE Act.
“It is imperative that the commonwealth of Virginia respond and have something in our state code that would protect patients and providers,” Lockhart said.
Pekarsky’s final bill focused on the FACE laws to avoid lawsuits that may come from the buffer zone.
“We compromised so we could get something out and try to protect these folks who are really in need of help,” Pekarsky said.
Abortions in Virginia began to increase after Roe v. Wade was overturned in June 2022, and as other southeastern states eliminated or limited access to the procedure. There was an overall 37% increase over a three-year period, according to KFF data.
“The fact that the Trump administration has provided a green light to people who have literally obstructed access does create concerns and fear,” Lockhart said. “Nobody should be blocked or obstructed from getting access to the health care they need or providing reproductive health care.”
Bill Opponents Worry About Limits
Those who oppose the bill say it limits free speech.
Ann, Carl and Kathy are anti-abortion advocates who stand outside Planned Parenthood on North Hamilton Street in Richmond. They agreed to be interviewed with the condition their last names would not be used. They teach women about other available resources and alternatives and comfort patients after their abortions.
“We're not protesting, we're not disrupting their business, preventing traffic going in or out or stopping anything on the public streets,” Carl said. “We're just here to speak our voice.”
They offer patients snacks and water, and rides home after appointments.
“It's interesting that the legislation is so broad that it would limit people literally just caring for other people,” Ann said.
Other Reproductive Health Care Measures
A number of other bills relating to women's reproductive rights passed in the General Assembly this term.
Spanberger signed House Bill 781 in February to add a referendum on November ballots which could amend the constitution to establish reproductive freedom, including abortion, as a fundamental right.
SB 361 will require health insurance companies to cover contraceptive drugs and devices such as an implant or IUD. The governor made minor changes to the language of the bill, but not its objective.
HB 6 cleared the General Assembly right before it adjourned and was approved by the governor. The legislation ensures the right to obtain contraception, and allows the attorney general to file a suit if access is prohibited.
Spanberger campaigned in support of access to contraception, abortions and in vitro fertilization, along with the right for citizens to safely travel across state lines for reproductive care.
Capital News Service is a program of Virginia Commonwealth University's Richard T. Robertson School of Communication. Students in the program provide state government coverage for a variety of media outlets in Virginia.