BY WESLEY P. HESTER

Del. Robert G. Marshall, R-Prince William, is blasting Democratic U.S. Senate candidate Timothy M. Kaine for what he views as an attack on his “personhood amendment,” which would define life as beginning at conception, in Kaine’s debate Wednesday with George Allen.

The “personhood amendment” discussion was a strange piece of the hour-and-a-half debate, creating the only near-gaffe when Allen stumbled when asked to explain how birth control pills work after arguing that life begins at conception would not prevent contraception.

“I don’t profess to be a doctor,” Allen said. “I’m just using logic of maybe a little bit of Latin that contraception means it stops conception – and so you do not have a fertilized egg.”    

Kaine, who opposes the concept of a personhood amendment, explained that birth control pills can either stop fertilization or stop fertilized egg from implanting in the uterus. Calling such a bill “an outrageous intrusion of big government,” Kaine said it would criminalize contraceptive use.

Marshall, who took Kaine’s comments as an attack on his bill specifically, blasted him shortly after the debate.

“A Harvard educated attorney, Tim Kaine, claims that my personhood bill, HB 1, will outlaw birth control.  The US Supreme Court disagrees with Tim Kaine, because it upheld almost identical language in a Missouri statute from the 1980’s in the Webster v. Missouri case 25 years ago,” Marshall said.

Marshall said the intent of his personhood bill, which passed the House of Delegates last year but was rejected in the Senate, was to create a civil cause of action for the wrongful death of an unborn child to complement Virginia’s fetal homicide law.

“Does Tim Kaine object to providing a legal remedy for parents whose beloved unborn baby is killed by the negligent or criminal act of a third party?  Does anyone other than Tim Kaine really think that is a bad idea?” Marshall asked.  

Kaine’s campaign responded Thursday that Kaine clearly understood the issue.

“The person who seems to be confused is former Senator Allen, who supports federal ‘personhood’ legislation but clearly doesn’t understand the consequences.  Even proponents of the legislation admit that it would outlaw forms of contraception,” said Kaine campaign spokeswoman Brandi Hoffine.

“As Governor Kaine stated yesterday, this is intrusive government overreach at a time when Washington should be focused on rebuilding our economy,” she added.