Iowa passes ‘fetal heartbeat’ abortion ban, most restrictive in U.S.

Opponents of a California law, requiring anti-abortion pregnancy centers to post signs notifying women of the availability of state-funded contraception and abortion, hold a rally in front of the U.S. Supreme Court in Washington, U.S., March 20, 2018. REUTERS/Andrew Chung

By Barbara Goldberg

(Reuters) – Iowa’s Republican-controlled legislature passed the most restrictive abortion ban in the United States on Wednesday, outlawing the procedure after a fetal heartbeat is detected, often at six weeks and before a woman realizes she is pregnant.

The Senate voted 29-17 to pass the House of Representatives-approved bill, according to the legislature’s online voting tallies. The bill now goes to Republican Governor Kim Reynolds, an abortion opponent, who has not said publicly whether she will sign it into law.

The legislation is aimed at triggering a challenge to Roe v. Wade, the U.S. Supreme Court’s 1973 landmark decision which established that women have a constitutional right to an abortion, activists on both sides of the issue said.

Abortion opponents aim to land abortion questions back in front of the nation’s top court, where they believe the 5-4 conservative majority could sharply curtail abortion access or ban it outright.

“We created an opportunity to take a run at Roe v. Wade – 100 percent,” said Republican state Senator Rick Bertrand of Sioux City, who said the legislation is designed to be “thrust into the court” that has become more conservative following President Donald Trump’s appointment of Justice Neil Gorsuch.

Spokeswoman Becca Lee of Planned Parenthood of the Heartland, which supports access to abortion, called it an “intentionally unconstitutional ban on 99 percent of safe, legal abortion, designed to challenge Roe v. Wade.”

“The bill weaponizes fetal heartbeat, which is by all accounts an arbitrary standard that bans abortion long before the point of fetal viability,” Lee said in an email to Reuters.

Mississippi’s Republican governor in March signed into law a bill banning abortion after 15 weeks with some exceptions, sparking an immediate court challenge by abortion rights advocates.

A similar court challenge is underway in Kentucky, which in April enacted a ban on a common abortion procedure from the 11th week of pregnancy.

The newest Iowa bill, which the state Senate passed early Wednesday after overnight wrangling by lawmakers, requires any woman seeking an abortion to undergo an abdominal ultrasound to screen for a fetal heartbeat. If one is detected, healthcare providers are barred from performing an abortion.

Among the few exceptions are if the woman was raped or a victim of incest and has reported that to authorities.

The bill would ban most abortions in the state and was passed in the final days of the Iowa legislative session.

(Reporting by Barbara Goldberg in New York; editing by Scott Malone and Jonathan Oatis)

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Illinois bill expands abortion coverage, faces governor’s veto

FILE PHOTO: Illinois Gov-elect Bruce Rauner speaks to the media after a meeting with U.S. President Barack Obama and other Governor-elects from seven U.S. states at the White House in Washington December 5, 2014. REUTERS/Larry Downing/File Photo

By Timothy Mclaughlin

CHICAGO (Reuters) – An Illinois bill that expands state-funded coverage of abortions for low-income residents and state employees passed the Democratic-controlled Senate on Wednesday but faces a likely veto by the state’s Republican governor.

The measure, which passed the Senate 33-22, also aims to keep abortions legal in Illinois if the U.S. Supreme Court follows President Donald Trump’s call to overturn its landmark Roe v. Wade ruling 44 years ago that made abortions legal.

Illinois’ Medicaid program covers abortions in cases of rape, incest and when a mother’s life or health is threatened. The expansion would enable poor women to obtain elective abortions. Also, the legislation would allow state employees to have the procedures covered under state health insurance.

The vote was a rare legislative victory for U.S. abortion-rights advocates at a time when foes have ratcheted up the heat with the election of Trump and a conservative Congress.

However, the victory will likely be short lived because Governor Bruce Rauner has promised to veto the legislation, saying Illinois should focus on less “divisive” issues and instead pass a full-year operating budget for the first time in nearly two years.

A spokeswoman for Rauner directed questions on Wednesday evening to previous statements where he said he did not support the measure. However, as a candidate in 2014, he supported expanding abortion access.

Republican lawmakers have criticized the bill as both burdensome to tax payers and immoral.

“We should be focused on ways to reduce costs—not advance costly controversial proposals that will cost the taxpayers even more,” Republican state senator Dan McConchie said in a statement on Wednesday.

A veto override would take 71 votes in the Democrat-led House, where the bill passed 62-55 in late April. It would take 36 votes in the Senate.

A veto by Rauner would be a sharp turn from his previous position, which political opponents are poised to exploit.

“We cannot allow Illinois to return to the days when women had so few options for reproductive care that they desperately resorted to back-alley quacks, poison, knitting needles, disappearing from public sight or suicide to deal with unwanted pregnancies,” state senator Daniel Biss, a Democrat, said in a statement after the bill passed on Wednesday.

(Additional reporting by Karen Pierog; Editing by David Gregorio)

Delaware legislature moves to guarantee abortion access in Trump era

An exam room at the Planned Parenthood South Austin Health Center is shown following the U.S. Supreme Court decision striking down a Texas law imposing strict regulations on abortion doctors and facilities in Austin, Texas, U.S. June 27, 2016. REUTERS/Ilana Panich-Linsman

By Barbara Goldberg

(Reuters) – The Delaware state Senate on Tuesday passed a bill that would keep abortion legal in the state if a future U.S. Supreme Court shaped by President Donald Trump overturns the landmark 1973 Roe v. Wade ruling that legalized it nationally.

The measure was approved by a vote of 11-7 but needs to be passed by the House and signed by Democratic Governor John Carney Jr. to take effect.

Democrats control both houses of the Delaware legislature but are facing a June 30 end to this year’s session.

Carney “supports the rights and protections afforded women under Roe v. Wade” but has not yet said whether he will sign the bill into law, said his spokeswoman Jessica Borcky.

Trump has promised to appoint justices to the nation’s top court, including recent appointee Neil Gorsuch, who would overturn the Roe v. Wade ruling and leave it up to the individual states to decide whether to legalize abortion. Trump received strong support from anti-abortion groups in the election campaign.

Delaware is one of 11 states with a pre-Roe abortion ban still on the books, according to the Guttmacher Institute which tracks reproductive policy.

If Roe v. Wade is overturned, abortion would be almost immediately illegal in four states – Louisiana, Mississippi, North Dakota and South Dakota, according to Guttmacher and the Center for Reproductive Rights. In the other 46 states, abortion would remain legal but in at least 10 states – including Delaware – it could become illegal with a step as simple and swift as a state attorney general’s opinion, Guttmacher said.

“There wasn’t a sense of urgency until President Trump got elected,” said Kathleen MacRae, executive director of the ACLU of Delaware. The ACLU and Planned Parenthood of Delaware formed the “She Decides Delaware” campaign to lobby for legislation to keep abortion legal.

“We don’t want to leave the women of Delaware in a vulnerable position,” MacRae said. “It’s up to the woman and the family to decide when she would like to become a parent.”

Momentum for the bill grew in April when a coalition of state religious leaders including Jewish, Episcopal, Methodist, Presbyterian and Unitarian clergy publicly declared “acceptance” of abortion in a show of support for Planned Parenthood. The state’s Catholic leader, Bishop Francis Malooly of the Diocese of Wilmington, immediately denounced the statement.

MINIMALIST DESIGN

The bill itself has a minimalist design. It aims to keep the provisions of Roe v. Wade rather than repeal the 1953 state ban.

“This bill simply seeks to codify the framework in place for a very long time – that a woman has a right to choose,” Senator Bryan Townsend, a Democrat who is the bill’s sponsor, told colleagues before the vote.

“It’s a decision that belongs with the woman, her doctor and her family,” said Senator Stephanie Hansen, a Democrat and bill co-sponsor.

Opponents denounced the move. “Any civilized society restricts an individual’s right to choose when it would affect an innocent person. I can think of no more innocent person than an unborn child,” said Senator Bryant Richardson, a Republican.

“You can codify abortion all you want but you are still codifying the murder of an unborn child,” said Delaware Right to Life spokeswoman Moira Sheridan.

Under the 1950s’ Delaware ban, terminating a pregnancy is a felony for the provider and a misdemeanor for the woman, except when it is deemed a “therapeutic abortion” in either case.

Dr. Larry Glazerman, medical director at Planned Parenthood Delaware, said he is confident the bill is enough to protect him and other doctors who provide abortion from prosecution.

(Reporting by Barbara Goldberg in New York; Editing by Cynthia Osterman)