PROGRESS CONTINUES IN STATE LEGISLATURES

By Dave Andrusko

As NRL News goes to press, most state legislatures are wrapping up their sessions. Heading the good news is the passage in three states of Unborn Victims of Violence Acts.

"It's important that Idaho, Nebraska, and Utah passed laws recognizing unborn victims of violence," said Mary Spaulding Balch, NRLC director of state legislation. "These laws recognize that when a criminal attacks a woman who is carrying an unborn child, he claims two human victims."

Balch also emphasized that the growing acceptability of these laws is based on the power of science to illuminate the humanity of the formerly invisible passenger. "The best that opponents can muster up as an alternative is to increase the penalty for injuring the mother, as if somehow the hurt or death happens to her 'pregnancy' and not to her unborn baby."

As is the case with much pro-life legislation, passage often follows an opportunity to speak publicly. "When legislators hear the stories of families who have not only lost a wife or daughter but also a grandchild, it has tremendous impact," she said. The testimony of police officers, outraged that the criminal offender pays no price for taking the child's life, also carries weight with lawmakers, she said.

Despite ferocious opposition nationwide, it appears one more "Women's Right to Know" laws will be added to the books. The measure passed the Alabama Senate this session, after passing the House earlier. If the measure makes it to Gov. Don Siegelman's desk, he will sign it, Balch said.

"These are the kinds of unglamorous but highly effective laws that make a real difference," she said. "When a woman receives objective evidence about the development of her baby and of the availability of alternatives, often it eases her mind," Balch said. "When a woman sees there is a 'better way,' many times she will choose it."

Mississippi's legislature passed a "Choose Life" license plate bill, which will take effect July 1. A large portion of the proceeds from the sale of these plates will go to crisis pregnancy centers.

The legislature also banned the use of state Medicaid money to pay for abortion, except in cases of life of mother, documented cases of rape or incest, or when there is a fetal malformation incompatible with the child being born alive.

"The people of Mississippi are prolife and these bills reflect that," said pro-life Lt. Gov. Amy Tuck, who was instrumental in the passage of these laws. "This legislation will help women facing crisis pregnanies to choose life."

Increasingly, pro-lifers are showing great creativity. For example, the Kentucky legislature passed a law that forbids the Public Health Department from dispensing any drug or device that is prescribed for an abortion.

In Ohio, a law was passed last year that addressed the question of the proper use of state family planning dollars. The rules were just promulgated, Balch said, and they made it crystal clear that that money cannot be used for abortion. If someone receives family planning dollars and also wishes to perform abortions, there must be separate facilities and separate counselors for each--not just cosmetic separation, such as performing abortions certain days of the week.

Balch said that pro-lifers, almost by definition, look at things over the long haul. With that perspective, it's very significant that a lot of pro-life legislation passed one house but not both--or did but was vetoed by the governor.

Kansas passed five pieces of significant legislation in one house--a strengthened parental notification law, abortion clinic regulations, an Unborn Victims of Violence Act, a ban on cloning, and a "Choose Life" license plate--only to have them falter in the other legislative chamber. "But by any standard, this represents real progress," Balch said.

Likewise, in Vermont, a very difficult state, pro-lifers passed a parental notification law in the House last year. While it's an uphill challenge in the Senate, pro-lifers are working unceasingly.

Other legislation made it all the way to the governor's desk. "Gov. Vilsack, for example, vetoed his state's Women's Right to Know Act for the second time, even though pro-lifers made a good-faith effort to address what he said were his concerns," Balch said.

All in all, Balch said, it's been a very busy and productive session. "We passed good legislation in some states and took significant steps forward in others," she said. "We'll see even more results next year."