Substantive Pro-Life Legislation Passed in State Legislatures

By Dave Andrusko

Mary Spaulding Balch's voice gave no hint that she had been to the hospital only a couple of days before. It was strong and full of enthusiasm.

NRLC's director of state legislation was looking back fondly at a very successful 2003 legislative year, confident that the best is yet to come. (In fact, even as she spoke with NRL News, she expressed hope that a couple of more pieces of pro-life legislation may squeeze through at the 11th hour.)

"We've had some very good years, but I honestly believe we passed more substantial legislation this year than we have in a long, long time," Balch said. As she itemized the wins, it was easy to see why she had come to that conclusion.

Balch talked about what she calls "the new generation of Women's Right to Know" laws. Such statutes typically require that women considering abortion be given certain information - - about their child and her development, about possible abortion-related complications, about alternatives, about the father's responsibilities - - and be given 24 hours to assimilate that information.

"We passed such laws in Minnesota, Texas, and West Virginia this year, but with a new wrinkle," she said. Instead of only being offered the opportunity to look at a pamphlet, women now can go to a web site and see great pictures that not only show fetal development but also outline the steps their baby has taken in his or her developmental journey.

"Remember that in most cases the young women and girls who are at risk are very computer-savvy," Balch said. "Going to a web site is something they do 20 times a day, so they are familiar with the technology and more likely to take up the offer."

This web site feature, she said, "has become the new benchmark." Louisiana and Michigan already have web sites as part of their Women's Right to Know laws, and South Dakota added this feature to its existing law. Most important, such laws clearly do save lives.

"There was a study produced by a pro-abortion organization a few years back that examined what happened in Mississippi when its law was enacted," Balch said. The group tried every which way to minimize the effect, "but in the end the analysis concluded that the law had reduced the number of abortions by 15%!"

Beyond Women's Right to Know laws, Balch said, highlights included a breakthrough in the Granite State of New Hampshire and the passage, after years of frustration, of major pro-life legislation in Minnesota.

Balch explained that she had worked for pro-life legislation in New Hampshire in the early 1980s, but prior even to that pro-lifers had tried to pass a parental involvement law. "The resistance was so hard, it was like trying to chisel granite with a nail file," she said.

But pro-lifers never gave in. The Republican Party became increasingly pro-life in the state and New Hampshire elected a strong pro-life governor, Craig Benson. "It was a nail-biter from start to finish, but thanks to NRLC's state affiliate, Citizens for Life, which worked closely with key legislators, there is now a parental notification law in New Hampshire." [See story, page 26.]

There are 35 states with either parental notice or parental consent laws on the books. Twenty-five are in force and the remainder are in the courts, courtesy of challenges by pro-abortionists.

Over a nine-year span, Minnesota had passed a number of pro-life bills only to have their hopes dashed when vetoed by pro-abortion governors. But an all-out blitz during the 2002 election cycle produced a pro-life governor, five new pro-life state senators, and 10 new pro-life state representatives, which meant the legislature better reflected the state's long-standing pro-life majority.

That helped account for passage of its Women's Right to Know law. According to Marice Rosenberg, Minnesota Citizens Concerned for Life Vice President, the new law includes a proviso that means that women "will also receive information about fetal development and the unborn baby's ability to feel pain at 20 weeks' gestation."

In Texas, a strong unborn victims bill passed and awaits the signature of Gov. Rick Perry (R).

Balch reiterated that there was more. Some states have passed various measures in one house - - an important first step. In addition, bans on all human cloning passed in North Dakota and Arkansas. Beyond that Minnesota and Texas put crimps in "family planning" budgets and Texas enacted a provision that requires that the possibility of an increased risk to breast cancer be discussed with the woman prior to the abortion.

In addition, radical pro-cloning measures were defeated or deflected in New York, Maryland, and New Jersey.