Pro-Life Legislation Moves Ahead in Many State Legislatures

By Mary Spaulding Balch, J.D.
NRLC Director of State Legislation

With many states still in session, it's too early to tell how successful we will be overall in passing pro-life legislation this year. But this much is certain: Abortion was definitely a front-page issue. In fact, in states where for many years it was considered a non-issue, abortion became the issue.

Take New Hampshire, for example, a state which receives high pro- abortion ratings from the National Abortion and Reproductive Rights Action League (NARAL). Pro-lifers came near to making history.

According to a March 27 editorial that appeared in The Union Leader, the state's largest newspaper, "Never in New Hampshire's history have legislators searched their souls so profoundly on the question of a woman's right to choose. There has never been a vote closer than the one ... on the question of when abortion is appropriate and when it isn't."

The bill to which the editorial was referring would have outlawed the horrific and brutal partial-birth abortion procedure. It lost by a mere five votes.

Representative Phyllis Woods (R-Dover) sponsored the bill. She is given much credit for her tenaciousness in persuading her fellow legislators that partial-birth abortion is neither good medicine nor good for women. "I want this to be a pro-woman bill; I want them to realize this is terrible, bad medicine," Woods said.

One legislator, Rep. Steve Vaillancourt of Manchester, a liberal "pro-choice" Democrat who defended partial-birth abortion in the House three years ago, was persuaded.

Citizens for Life is NRLC's New Hampshire affiliate. Executive Director Roger Stenson told NRL News, "This is an issue that won't go away. The unparalleled closeness of the vote is extremely encouraging and shows that when this 'procedure' is exposed to the light of day, hearts and minds are changed."

In another New England state, Vermont - - a state known for its strong support for abortion - - legislators earlier this year were forced to vote on a pro-life bill for the first time ever. (See NRL News, 3/00, p. 4.) The bill would have required an abortionist to notify the parent of a minor girl prior to performing an abortion on her. It lost, but parental involvement became a major issue.

Parental involvement in this life and death decision came into play as important issue in other states. Tennessee's parental consent law, passed in 1995, is now being enforced.

Memphis Planned Parenthood successfully blocked enforcement until this past February. The law requires a girl under 18 to get the consent of at least one parent or obtain a court order before undergoing an abortion.

Texas's 1999 parental notification law was upheld by its state Supreme Court. "Gov. George W. Bush and the Texas legislature both agree that not only is the parental notification law constitutional, but also serves to protect the young girls of Texas," said Joe Kral, legislative director of Texas Right to Life. Now the courts have given their okay.

In another part of the country, Idaho passed a one-parent consent law. This measure requires parental or judicial consent before girls younger than 18 can obtain an abortion. It is expected to go into effect later this year.

Another area receiving a great deal of attention this year is the right of women to receive full information about what an abortion entails, including availability of medical benefits for prenatal care and childbirth, medical risks associated with abortions, and the development of the unborn child.

The Iowa state legislature sent a "Women's Right to Know Act" to Gov. Tom Vilsack's desk recently. However, according to the governor's spokesman Joe Shannahan, "The governor remains troubled by the 24-hour waiting period."

But Sen. John Redwine (R-Sioux City), who guided the bill through the Senate debate, stated, "This bill is about informed consent, informing women about an abortion before they have that procedure. I believe it is important for both the woman and the physician for this information to be imparted."

Redwine continued, "If the state of Iowa provides three days in which to reconsider a magazine subscription, is it too much to ask for 24 hours in which to reconsider a decision to have an abortion?"

State Sen. Nancy Boettger (R-Harlan) said, "I know there are other things in life that we have to wait a little bit for, and 24 hours is not too long to consider all the information [about] a decision that is going to affect you for the rest of your life."

As NRLNews goes to press, legislation in Minnesota and Alabama similar to Iowa's is advancing. Legislation is also advancing in Mississippi and SouthCarolina that would recognize unborn children as a "person" outside the abortion context. Updates on these bills and other state legislative developments will be covered in the May issue.

Pro-lifers, who must always see the big picture, should realize that these near-victories in states which have been relentlessly pro-abortion for decades represent a huge step forward. Significant breakthroughs - - even in Northeastern states historically very hostile to pro-life legislation - - are just a matter of time.