Real Mark Obenshain

In 2009, Obenshain sponsored SB962, requiring any woman who had a miscarriage without a medical professional present to report the miscarriage to the police within 24 hours. Here is the full text of the bill.

SUMMARY AS INTRODUCED: Fetal deaths; report when unattended; penalty.  Requires that when a fetal death occurs without medical attendance upon the mother at or after the delivery or abortion, the mother or someone acting on her behalf, within 24 hours, report the fetal death, location of the remains, and identity of the mother to the local or state police or sheriff’s department of the city or county where the fetal death occurred. The bill also specifies that no one shall remove, destroy, or otherwise dispose of any remains without the express authorization of law-enforcement officials or the medical examiner, and that a violation of this section is a Class 1 misdemeanor.

Sample Bills on Abortion

Obenshain has sponsored and supported so many bills related to abortion that it is difficult to track all of them. The following list is a sampling of bills sponsored or supported by Obenshain.

SB 1207 in 2011 unborn child full rights

AS INTRODUCED: Constitutionally guaranteed rights of unborn children.  Provides that unborn children at every stage of development enjoy all the rights, privileges, and immunities available to other persons, citizens, and residents of the Commonwealth, subject only to the laws and constitutions of Virginia and the United States and precedents of the appellate courts of Virginia and of the United States. Passed by in committee.

In 2011, when the Affordable Care Act brought health insurance to uninsured Virginians, he introduced SB 1202. Which “prohibits any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in the Commonwealth pursuant to federal health care reform legislation from providing coverage for abortions.” Thereby, creating a two-tiered system where women without resources could not access the same medical care as their wealthier neighbors. Defeated in committee.

In 2012, Obenshain voted YES to require a woman to undergo a vaginal ultrasound before accessing an abortion and NO to requiring insurance to pay for the ultrasound. Again, proposing the creation of a two-tiered system in reproductive healthcare.

Obenshain introduced SB 637 in 2012. It addressed the very rare cases of late-term abortions. The bill would have prohibited abortions after 20 weeks. In those cases where such an abortion is deemed necessary “the physician is required to terminate the pregnancy in a manner that would provide the unborn child the best opportunity to survive. The bill punishes an abortion in violation of the article as a Class 6 felony. The bill also provides for civil remedies against a physician who performs an abortion in violation of the article.” In other words, Obenshain would supplant the judgement of medical professionals and put the state in the operating room as the arbiter of what is best for the patients.

Post-Dobbs

In 2023, Obenshain sponsored SB1284 to prohibit abortion.

“Abortion prohibited; exceptions; penalty.  Provides that life begins at conception and no abortion is authorized or shall be performed on an unborn child except when (i) a physician determines, in reasonable medical judgment, that a medical emergency exists, defined in the bill such that the abortion is performed to save the life of the mother, or (ii) the probable gestational age of the unborn child is 20 weeks or less and the pregnancy is the result of rape or incest in which an official police report has been filed alleging the offense of rape or incest and such abortion is performed by a licensed physician in a hospital. The bill provides that any person who performs an unlawful abortion is guilty of a Class 4 felony.”

There is absolutely no question what policies Obenshain will sponsor and support in the post-Dobbs world.

Equality for ALL Virginians

It is difficult to track just how often Obenshain votes against the rights of individuals based on gender identity and sexual orientation. This list should be taken as a sample rather than an exhaustive catalog.

Obenshain voted against prohibiting discrimination based on sexual orientation or gender identity in public employment in 2010, 2011, 2015, 2016, and 2020. 

He has opposed issuing new birth certificates for individuals who have undergone gender transition.

Marriage Equality

When the federal law changed to recognize same-sex marriage (also known as marriage equality), Virginia needed to bring its laws and constitution into compliance with the federal ruling.

Obenshain voted against SB17 in 2020, the law that brought Virginia into compliance with the Supreme Court ruling on marriage equality for same-sex couples. Even after the law was passed, Obenshain continued to vote against laws that would bring the Virginia Code into compliance with the new reality. Thereby wasting time that could have been spent addressing other issues. For example, he voted against HB623, changing gender-specific language, such as husband/wife, to gender-neutral terms. This could have been done by unanimous consent since the law had already passed.

Obenshain voted multiple times against a Constitutional Amendment reversing the prohibition against same-sex marriage. This would put the question of removing the prohibition against same sex marriage currently in the Constitution on the ballot, for voters to have their say. He was joined by 44 other Republicans in the General Assembly. None of them will explain why they are not trying to bring the Virginia Constitution into compliance with federal law — see Slate article here.