vVirginia Gov. Glenn Youngkin (R) appears to have blocked an attempt by state senators to keep menstrual data out of the hands of law enforcement.
A bill passed in the Democratic-led state Senate would have banned search warrants for menstrual histories stored in tracking apps on electronic devices, according to The Guardian. The bill also had the support of half of the House Republicans.
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However, a Republican-led House subcommittee voted along party lines on Monday to essentially kill the bill, according to the Washington Post, after Maggie Cleary, Youngkin’s assistant secretary of public safety and homeland security, explained that the administration was concerned that the measure could restrict subpoena powers.
“While the administration understands the importance of people’s privacy, we oppose this bill,” Cleary began. “This bill would be the first of its kind that I’m aware of, in Virginia or anywhere, that would put a limit on what search warrants can do… Currently, any health information or any application information is available through a search warrant. And we think it should stay that way.”
After Roe v. Wade was overturned by the Supreme Court last summer, abortion advocates have feared that states would use private health information, such as menstrual data, in lawsuits for violations of abortion law.
Virginia Republican gubernatorial candidate Glenn Youngkin pauses as he addresses the FREE Virginia Leadership Luncheon in McLean, Va., Wednesday, Sept. 1, 2021. (AP Photo/Cliff Owen)
Cliff Owen/AP
Abortion is currently legal in Virginia until the second trimester, usually around 27 weeks, and in the third if three doctors conclude the mother’s life is at risk. Youngkin has tried to ban abortion after 15 weeks, but has run into roadblocks due to Democratic victories in state Congress.
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Youngkin’s spokeswoman, Macaulay Porter, told the Washington Post that she will not endorse or support legislation that prosecutes women for abortion. “The governor will not support any measure that seeks to persecute women,” Porter wrote in an email to the newspaper. “It’s focused on getting a consensus to protect life at 15 weeks, when a baby can feel pain.”