By Ann E. Brennan, J.D.
NRLC Department of State Legislation
March 10 - - Building on breakthrough successes
in 1996-97, so far the 1998 legislative session has been a tremendous year
for NRLC affiliates and the cause of life. A total of 19 states have now
enacted partial-birth abortion bans, although not all are in effect because
of court action. In a number of other states pro-lifers are very close to
passing bans on the grotesque partial-birth abortion technique.
Pro-lifers are also continuing to pass protective legislation in the areas
of a woman's right to know, feticide, defunding of abortion, proper disposal
of the bodies of aborted babies, abortion reporting requirements, and bans
on assisted suicide.
1998 Victories
During 1996-97, 17 states passed partial-birth
abortion bans with prospects for several more in 1998. Already the movement
has added Iowa and Florida with Virginia expected any day.
On February 18, the Iowa House passed a partial-birth abortion ban by 84-16.
The Senate followed suit the following day, 42-5. Governor Terry Branstad
signed the bill into law March 4 and it will take effect on July 1, 1998.
"This law reflects grassroots action to elect a pro-life majority and
pro-life leadership, and also a new era of cooperation between Iowa's pro-life
and pro-family organizations," said Samona Joy Yentes, legislative
director for Iowa Right to Life. "Pro-life legislators and lobbyists
agree that this couldn't have happened ten, five, or even three years ago.
This proves every election matters and every vote counts."
On February 17, the Virginia Senate passed a partial-birth abortion ban
33-7. The next day the House of Delegates passed a slightly different measure
by a similarly lopsided margin, 78-21. Key to the passage in the Senate
was the yes vote of a self-identified pro-choicer, Democrat Louise Lucas,
who voted against the ban last year as a member of the Education and Health
Committee. [Editor's note. As NRL News went to press, Virginia's
bill came out of conference committee and was approved by both houses. Gov.
James Gilmour has indicated he will sign the bill.] Also on February
17, the House passed the Assisted Suicide Ban Act on a vote of 77-20.
Reflecting intense grassroots efforts, on March 4 the Florida House overrode
Gov. Lawton Chiles's veto of its partial-birth abortion ban, 90-27. A week
later the Senate followed suit, 32-7. In Idaho, on February 19, the House
passed a partial-birth abortion ban by 54-15.
Kansas's partial-birth abortion ban passed both houses in 1997 but with
different language. Once again, the differences are being worked out in
conference committee. And after 25 years Kansas has finally banned abortions
at Kansas University Medical Center. By a vote of 111-13, the Kansas House
passed an assisted suicide ban. The outlook for this bill is very promising.
"Kansans for Life is very pleased with the success of the Prevention
of Assisted Suicide Act," said Robyn Johnson, Kansans for Life legislative
director. "It has gained much support from many members of the community.
We were very successful in the Kansas House of Representatives and we hope
to do just as well in the Kansas Senate."
South Dakota has also had a very productive legislative session thus far.
On February 9, the House passed a fetal disposal bill, 62-4. Eleven days
later, the Senate passed the legislation, 34-0.
Reporting requirements for abortion were also passed by the House 45-22,
and by the Senate 29-6, both on February 23. A "Pharmacists Conscience
Clause" was also passed by the House 57-10 on February 10, and by the
Senate 30-3 on February 20. This bill protects pharmacists from being forced
to dispense anything that may violate their conscience, such as abortifacients.
South Dakota House member and sponsor of the Pharmacists Conscience Clause
bill Rep. Jay Duenwald said he is "very pleased to see the overwhelming
legislative support for the protection of innocent human life." The
governor of South Dakota has said that he will sign all three bills. Duenwald
is a member of the NRLC Board of Directors and Executive Committee.
In Minnesota, the House passed a ban on partial-birth abortions as part
of an omnibus health and human services bill. The vote was 115-14.
The bill includes other pro-life components, including a requirement that
doctors report the number of abortions they perform each year, which technique
they used, the reason why the abortions were performed, and whether there
were complications.
The Senate's omnibus spending bill does not include the abortion provisions.
The differences will be resolved in a conference committee.
In Kentucky, a partial-birth abortion ban has moved through committee and
will be heard on the floor of the Senate March 12. Licensing requirements
for abortion clinics are also coming up in the Senate the same week.
Expected soon on the floor is a woman's right to know bill which has already
passed in two house committees. HB 293, a feticide bill, which allows for
prosecution for wrongful death of a child killed in utero (outside
the abortion context), passed the House and is currently in the Senate Judiciary
Committee.
West Virginia's senate passed a ban on partial-birth abortions, 34-0.
In South Carolina on March 3, the House voted 78-37 to ban the use of state
tax dollars to any public or private entity that promotes, provides, or
refers for abortion. Holly Gatling, executive director of South Carolina
Citizens for Life, said she was thrilled.
"We consider the vote in the House a great victory," she told
NRL News. "Defunding abortion is part of our pro-life strategy.
We had an unbeatable team."
However, they face an uphill battle in the Senate. The bill is considered
a "part two proviso" of the budget, meaning passage requires not
a simple majority but a two-thirds vote of the Senate. Consequently, South
Carolina Citizens for Life is also pushing the funding ban as a separate
bill.
Meanwhile, on March 11, Hawaii passed a partial-birth abortion ban in its
house, 42-10, as did Oklahoma in its house, 98-10. Both face tougher going
in their respective senates.
From the successes pro-lifers have enjoyed in just the first two months
of 1998, it is evident that our message is having an impact. Pro-lifers
have every reason to believe this could well be a banner year.