The Untold Story of Partial-Birth Abortion

By Dave Andrusko

Almost everyone knows that half the states have passed bans on partial-birth abortions and that 18 of these laws have been enjoined while seven are in operation. Because there is a " controversy" among the state laws, we can anticipate that the Supreme Court someday will be asked to resolve the dispute.

But what is not well known at all is how the debate over partial-birth abortion is quietly changing the legislative dynamics in a dramatic fashion.

"Pro-lifers have called, almost in astonishment, to say that 'pro-choice' legislators are actually talking with them," Mary Balch, director of NRLC's State Legislative Department, said. This, she explained, is a direct result of the controversy over partial-birth abortion.

Before the extensive debate over partial-birth abortion began legislators would see pro-lifers coming and tell them not to bother - - "I'm pro-choice, you know." But the discussion over partial-birth abortion established their credentials as "reasonable" people, and pro-lifers can now actually dialogue with legislators who had never before given them the time of day. "All we had done was to say to them, 'Pro-abortionists support removing a large, living unborn baby almost entirely from her mother's womb, stabbing her in the head with scissors, and sucking out her brains' and then ask, 'Are you willing to support that?'" Balch remembered. "Some said no, which began them rethinking Roe and reconsidering who are the real 'extremists' on abortion."

In some cases, this breakthrough translated into other victories. In other cases, it meant close losses on subsequent pro-life legislation.

"But often there is encouraging news even in the defeats," Balch said. For instance, in 1997, three pro-abortion legislators in one state switched their votes on partial-birth abortion which led to its approval by a single vote in committee and eventual passage of a ban on partial-birth abortions.

Earlier this year, however, only two of those three voted for a " Woman's Right to Know" bill. The proposal lost by one vote in committee and is dead for this session.

Significantly, the third member "couldn't even look at us," Balch said. "She wanted to vote with us but couldn't." But neither Balch nor the state group has given up on her.

"This is the same woman who killed the partial-birth ban in 1996," Balch said. "A year later when she announced she was switching, she told people she had been unable to sleep after casting her first vote."

Balch's conclusion? "It's only a matter of time."