Virginia Republican Governor Glenn Youngkin came under fire after blocking a Democratic measure to keep law enforcement from accessing menstrual data in search warrants.
Youngkin's move came after the state's Democratic-led Senate passed a measure that "would have banned search warrants for menstrual data stored in tracking apps on mobile phones or other electronic devices" according to The Guardian, which noted the measure was supported by half of the chamber's Republicans.
Despite the bill's clear bipartisan support, Youngkin employed a procedural move in a subcommittee of the Republican-controlled House to kill the legislation.
State Senator Barbara Favola—a Democrat who represents the 31st district—introduced the bill.
The legislation was drafted over concerns about personal privacy after last summer's Supreme Court decision overturning Roe v. Wade.
\u201cWATCH: @BarbaraFavola talks about Gov. Youngkin and Republicans killing her bill to keep menstrual data out of the hands of law enforcement and the government. \n\nIt's simple, this is personal information and nobody should have access to it but the woman herself.\u201d— VA Senate Democrats (@VA Senate Democrats) 1676559143
Favola said apps used to store menstrual data are not covered by the Health Insurance Portability and Accountability Act (HIPAA).
HIPAA stipulates how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft. It generally prohibits healthcare providers and healthcare businesses from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent.
But Maggie Cleary—Youngkin’s deputy secretary of public safety—said it was not the responsibility of the legislature to restrict the scope of search warrants. She said currently "any health information or any app information is available via search warrant" and it should remain that way.
However, Favola said the only time search warrants would be used "would be in a criminal case," adding she doesn't "want to have menstrual health data to be used to criminalize women if they may have had an abortion."
Many reacted angrily to Youngkin's move.
They criticized him and Republicans at large for supporting similar measures elsewhere.
\u201cGlenn Youngkin ran as a harmless \u201cModerate\u201d Republican who just wanted to help parents have a say in school curriculum.\nToday, public schools can\u2019t teach Black History and Youngkin wants your daughter\u2018s menstrual tracking in his creepy database.\u201d— Heather Thomas (@Heather Thomas) 1676493116
\u201cGlenn Youngkin wants your menstrual health data to be public information in court cases. When he says small government he means small enough to fit in your uterus.\u201d— L. Louise Lucas (@L. Louise Lucas) 1676511129
\u201cRemember when reporters and pundits, and a fair few centrist liberals, told us this guy was a \u2018moderate\u2019? https://t.co/pZAQ9szVfT\u201d— Mehdi Hasan (@Mehdi Hasan) 1676472960
\u201cDeSantis\u2019s Florida tried to force girls to disclose their menstrual history\n\nGlenn Youngkin is fighting AGAINST efforts to shield menstrual data from law enforcement\n\nGreg Abbott placed $10,000 bounties on women & girls\n\nNO ONE is more obsessed with our vaginas than Republicans!\u201d— Lindy Li (@Lindy Li) 1676518162
\u201cI was a prosecutor. I support law enforcement's ability to use search warrants to obtain evidence of a crime.\n\nBut, the idea of the government obtaining menstrual data of women to prosecute for a personal decision like abortion gives me the creeps.\nhttps://t.co/QmMidFoDZi\u201d— Michael J. Stern (@Michael J. Stern) 1676424671
\u201cMemo to GOP nuts: Stay out of women's bodies! Why do you want to track menstrual cycles? Controlling women? Defeat Youngkin and his crazies.\nYoungkin opposes effort to shield menstrual data from law enforcement https://t.co/xkjI66YHFB\u201d— VAPolitical (@VAPolitical) 1676496014
\u201cYet again @GlennYoungkin and the men and women of @vahousegop and @VASenateGOP show they\u2019re obsessed with women\u2019s healthcare choices. They preach small government but want to weaponize it against all women. They\u2019re beyond dangerous and put us all at risk.\n\nhttps://t.co/M6H4Z9Ge6X\u201d— Jay Jones (@Jay Jones) 1676467330
\u201cTie this to the feet of every Republican candidate and toss them into the political sea\nhttps://t.co/tcCYnC6jNE\u201d— Brandon Friedman (@Brandon Friedman) 1676503226
\u201cThe post-Roe era could mean open season on our period data to enforce abortion bans.\n\nThat's why we need the My Body, My Data Act to help minimize and protect our reproductive and sexual health data \u2013 including on period and fertility tracking apps.\nhttps://t.co/jObVQDu0BM\u201d— Congresswoman Sara Jacobs (@Congresswoman Sara Jacobs) 1676556361
Youngkin's move came just a week after the Florida High School Athletic Association's board of directors voted 14-2 to remove questions about the menstrual cycles of high school athletes from a health form required for them to participate in school sports.
Controversy erupted over the questions on the medical forms, which are typically filled out by physicians and submitted to schools.
NPR reported the board approved a recommendation to remove questions "for details including the onset of an athlete's period and the date of that person's last menstrual cycle."
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