Gov. Glenn Youngkin (R-VA) has appeared to have stopped an attempt from 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, per the Guardian. The bill was also supported by half of the chamber’s Republicans.
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However, a Republican-led House subcommittee voted along party lines Monday to kill the bill essentially, according to the Washington Post, after Maggie Cleary, Youngkin’s deputy secretary of public safety and homeland security, explained that the administration was concerned the measure could restrict subpoena powers.
“While the administration understands the importance of individuals’ privacy, we do oppose this bill,” Cleary began. “This bill would be the very first of its kind that I’m aware of — in Virginia or anywhere — that would set a limit on what search warrants can do. … Currently, any health information or any app information is available via search warrant. And we believe that should continue to be the case.”
After Roe v. Wade was overturned by the Supreme Court last summer, pro-abortion advocates have been fearful of states using private health information, such as menstrual data, in prosecutions against abortion law violations.
Abortion is legal in Virginia up through the second trimester, typically around 27 weeks, and into 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 obstacles due to Democratic wins in the state Congress.
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Youngkin spokeswoman Macaulay Porter told the Washington Post the governor does not and will not support legislation that prosecutes women for abortion. “The Governor will not support any measures that seek to prosecute women,” Porter wrote in an email to the paper. “He’s focused on getting consensus for protecting life at 15 weeks, when a child can feel pain.”
