HOUSE BILL NO. 112
Offered January 13, 2010
Prefiled January 5, 2010
A BILL to extend the constitutionally guaranteed rights of unborn children.
Patron-- Marshall, R.G.
Referred to Committee for Courts of Justice
Whereas, the Constitution of Virginia provides in Article I, Section 1 that all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety; and
Whereas, the Constitution of Virginia further provides in Article I, Section 11 that no person shall be deprived of life, liberty, or property without due process of law; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. § 1. That a human being is any organism, including an embryo, who possesses a genome specific for and consistent with a member of the species Homo sapiens. For the purposes of certain inherent and constitutionally guaranteed rights, every human being is deemed a legal person in the Commonwealth.
§ 2. Unborn children have protectable interests in life, health, and well-being, and the natural parents of unborn children have protectable interests in the life, health, and well-being of their unborn children.
§ 3. Subject to the United States Constitution and the Constitution of Virginia, the laws of the Commonwealth shall be interpreted and construed to acknowledge on behalf of all human beings, including unborn children at every stage of development, the equality and inherent rights guaranteed by Article I, Section 1 of the Constitution of Virginia and the right to due process guaranteed by Article I, Section 11 of the Constitution of Virginia.
§4. Nothing herein shall be construed to expand, limit, or otherwise modify any determination of law regarding what constitutes appropriate medical services for pregnant women.