CHARLESTON – Gov. Earl Ray Tomblin has vetoed an anti-abortion bill, but legislators say they will move to overturn his decision.

On Tuesday, Tomblin announced he would veto the bill which bans abortions after 20 weeks. He vetoed a similar bill last year citing constitutional concerns.

“As reflected in my voting record during my time in the Legislature, I believe there is no greater gift of love than the gift of life,” Tomblin said Tuesday morning in a written statement. “As governor, I must take into consideration a number of factors when reviewing legislation, including its constitutionality.

“At the start of the regular session, I urged members of the Legislature to consider a compromise that would help us establish legislation that would pass constitutional muster. Having received a substantially similar bill to the one vetoed last year on constitutional grounds, I must veto House Bill 2568.”

In a letter to House Speaker Tim Armstead, R-Kanawha, Tomblin pointed to the 1992 United States Supreme Court case “Planned Parenthood of Southeastern Pennsylvania v. Casey,” in which the court ruled a state “may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.”

During debate on the bill, legislators argued viability is defined around 22-24 weeks, and urged lawmakers to modify the bill to include that definition.

Tomblin also pointed to “Isaacson v. Horne,” a 2014 case in which the court declared Arizona’s fetal pain bill unconstitutional.

The veto may be largely symbolic at this point. Both the House and the Senate can override the veto with a simple majority vote. The Senate passed the bill last week with a vote of 29-5 while an amended version cleared the House 82-9.

Armstead issued a statement Tuesday, saying he was disappointed in Tomblin’s veto.

“I believe the legislation is constitutionally sound and represents the right public policy in our state,” he said. “It reflects the values of a majority of West Virginians, who believe that the unborn should be protected from feeling pain. The House of Delegates will take the first step to override a veto of the Pain-Capable Unborn Protection Act.”

The House is expected to take up the veto today.

Senate Majority Whip Daniel Hall, R-Wyoming, said the Senate would wait to see what the House does, but said he believes there is still support in the Senate for the bill.

“I think the Senate’s position has been pretty clear based on how the measure passed,” he said. “But, this is a different issue. Governor veto overrides are somewhat rare, so I can’t really say what we’ll do.”

Attorney General Patrick Morrisey said he was disappointed in Tomblin’s veto and stood ready to defend the law in court.

“It is long-past time that limits are placed on abortions in West Virginia. Currently West Virginia law does not limit how late an abortion can occur,” he said in a written statement. “While no one can predict with certainty how a court will rule, I believe that there are strong, good-faith arguments that this legislation is constitutional and should be upheld by the courts.”

According to the Legislative Office of Reference and Information, the last override of a governor’s veto occurred in 1987 under the administration of Gov. Arch Moore. The House of Delegates voted 68-19 and the Senate voted 25-9 to get two-thirds majority needed override a veto on the fiscal 1988 state spending plan. Budget bills require a two-thirds majority in a veto override, but regular bills require only a simple majority of both the House and the Senate.