Arizona, Wisconsin, Virginia Take Action On Abortion-Related Legislation
March 4, 2008
Arizona, Wisconsin, and Virginia recently took action on abortion-related legislation. Summaries appear below.
- Arizona: Legislation (HB 2769, SB 1099) to ban so-called “partial birth” abortions received preliminary approval in both the House and Senate on Thursday, Capitol Media Services/Arizona Daily Star reports. Arizona had passed a law in 1997 banning the procedure, but the measure never went into effect after a federal judge declared it unconstitutional. The new legislation, which mirrors the federal ban upheld by the U.S. Supreme Court, was approved by voice vote in both chambers with no debate. Rep. Kyrsten Sinema (D) said she plans to argue against the legislation when it comes up for a final vote because of the negative consequences it would have on women’s rights. Sen. Paula Aboud (D) questioned whether the legislation was worth a floor debate since it only aligns state law with federal law. Cathi Herrod — president of the conservative group Center for Arizona Policy, which opposes abortion rights — said the state needs its own law. “For state and local prosecutors to enforce the ban, you need to have a state law” in addition to the federal law, Herrod said. She added that federal courts might be unwilling to hear cases concerning the procedure unless prosecutors can prove it involves interstate commerce. Jeanine L’Ecuyer, a press aide to Gov. Janet Napolitano (D), said the governor would not comment on the legislation until it reaches her desk (Fischer, Capitol Media Services/Arizona Daily Star, 2/29).
- Wisconsin: The Assembly on Thursday voted 59-38 to approve a bill (AB 710) to ban so-called “partial-birth” abortions that mirrors the federal ban upheld by the Supreme Court in 2007. The new law is intended to give local prosecutors the right to handle violations, the AP/WKBT.com reports (AP/WKBT.com, 2/29). Wisconsin had enacted a ban in 1998 that was deemed unconstitutional by the 7th U.S. Circuit Court of Appeals in April 2001 (Daily Women’s Health Policy Report, 6/4/07). The bill, sponsored by Republican lawmakers, likely will be “dead on arrival” in the Senate, which has a Democratic majority, the AP/WKBT.com reports (AP/WKBT.com, 2/29).
- Virginia: The Virginia Senate Education and Health Committee on Thursday rejected five abortion-related bills that were passed earlier in the session by the House of Delegates, the AP/WSLS10 reports. The measures dealt with licensure and inspection of abortion clinics, ultrasound mandates, fetal anesthesia, coerced abortion and a pregnant woman’s intentional termination of a pregnancy by a means other than a lawful abortion, the AP/WSLS10 reports. Most of the votes were divided 10-5 along party lines, with Democrats in the majority.
The bill (HB 894) to require licensure and semiannual inspection of clinics that provide abortion services, sponsored by Del. Mathew Lohr (R), also would have required clinics to have emergency equipment available. According to AP/WSLS10, the measure was a “less sweeping” version of a bill previously rejected by the committee that would have required clinics to meet the same standards as outpatient surgery centers. “This is good, commonsense legislation,” Steve Rossie of the Family Foundation of Virginia said, adding, “No one can say with a straight face this substitute is too far reaching.” Wendy Klein, deputy director of Virginia Commonwealth University’s Institute for Women’s Health, said that the bill was “just another thinly veiled attempt to deny women their constitutional right.”
Legislation (HB 1556) to require abortion providers to offer anesthesia for fetuses of at least 20 week’s gestation, offered by Del. Ben Cline (R), was rejected. This was a “weakened” version of a bill previously rejected by the committee, according to the AP/WSLS10. Ann Hughes of the Medical Society of Virginia said the bill went “beyond” abortion politics, adding, “Legislators should not legislate medical standards of care.”
The committee also rejected a bill (HB 1315), sponsored by Del. Kathy Byron (R), that would have required women to have an ultrasound to determine the gestational age of a fetus before performing an abortion. Klein said, “I’m not sure who is more demeaned by this legislation — the doctor or the patient.” She added that the bill would have been an “inappropriate intrusion into the physician’s role.” She also noted that ultrasounds already are a standard practice before an abortion.
The committee rejected a bill (HB 429), sponsored by Del. Robert Marshall (R), that would have made it illegal for any person to force or coerce a woman to undergo an abortion. Sen. Richard Saslaw (D) said a person could violate the measure by saying something as simple as if “you have this child, you’re going to have to raise it on your own.”
Saslaw also responded to legislation (HB 1126), rejected by the committee and sponsored by Del. Chris Jones (R), that would have charged a woman found guilty of terminating her pregnancy by means other than a legal abortion with a felony. Jones said a woman in his district shot herself in the stomach, killing the fetus, but could not be prosecuted. Saslaw said that a woman who shoots herself needs help and not punishment (O’Dell, AP/WSLS10, 2/28).
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