Defending Life 2008
Table of Contents
Preliminary Review of the 2008 State Legislative Sessions (abortion only)*
Denise M. Burke, Esq.
AUL Vice President & Legal Director
A preliminary review of the recently completed 2008 state legislative sessions shows that, while several states have introduced abortion bans, the number of states considering complete or near-complete bans on abortion has not significantly increased since the Gonzales decision.
Rather, what has increased is legislation designed to protect women from the negative consequences of abortion. Among these measures are comprehensive informed consent requirements, stronger parental involvement provisions, requirements that a woman be offered the opportunity to view an ultrasound before an abortion, and mandated minimum health and safety standards for abortion clinics.
Over the past year, there were several notable successes and defeats for the pro-life movement, and many signals about what to expect in 2009. In 2008, 45 states considered nearly 450 measures related to abortion, a 12% increase from 2007 activity levels. This is especially notable given that 5 states (including very pro-life Arkansas, North Dakota, and Texas and very legislatively-active Oregon) did not hold regular legislative sessions this year.
Among recent pro-life victories were:
- An omnibus measure in Oklahoma, requiring (among other things) that a woman undergo an ultrasound prior to an abortion and prohibiting coerced abortions. This measure was enacted over the governor's veto.
- New laws in Ohio, South Carolina, and South Dakota requiring that abortion providers offer a woman the opportunity to view an ultrasound prior to an abortion.
- Legislatures in Alaska, Colorado, Kentucky, and Nebraska limiting the use of taxpayer funding for abortions and abortion counseling.
- Idaho lawmakers strengthening the state's informed consent law and prohibiting coerced abortions.
Conversely, Arizona Governor Janet Napolitano vetoed a ban on partial-birth abortion and a measure requiring parental consent before a minor may obtain an abortion. Kansas Governor Kathleen Sebelius vetoed measures strengthening requirements for abortion clinics to report suspected child sexual abuse and enhancing the state's informed consent law. Interestingly, both women are frequently mentioned as possible Vice Presidential nominees for Senator Barack Obama.
A more detailed review of this year's legislative activity shows that the most popular state pro-life legislation included:
- Abortion bans. These measures included bans on partial-birth abortions, post-viability abortions, and sex-selection abortions, as well as near-complete abortion bans that would take effect upon the reversal of Roe v. Wade.
- Parental involvement for abortion. The states were equally divided in considering parental notice and more protective parental consent measures.
- Informed consent and informed consent enhancements.
- Limitations on state taxpayer funding for abortion. These limitations included measures limiting funding of elective abortions for Medicaid recipients, prohibiting the use of taxpayer funds for abortion counseling, and limiting the use of public facilities for the provision of abortions.
- Ultrasound requirements. At least 16 states considered requirements that women be offered the option to undergo and view an ultrasound prior to an abortion.
Similar measures are likely to be popular in 2009 along with legislation strengthening requirements for abortion clinics to report suspected child sexual abuse, providing funding for abortion alternatives, and establishing health and safety standards for abortion clinics.
While abortion advocates devoted the majority of their legislative efforts to opposing these popular measures, they also instigated attacks on the efforts of crisis pregnancy centers and sought to expand the availability of abortifacients including "emergency contraception." Moreover, acknowledging the dwindling numbers of physicians willing to perform abortions, they also introduced measures to allow nurses to perform abortions and to circumvent or limit the ability of individuals and institutions (including Catholic and other religious hospitals) to refuse to participate in abortions.
More critically, five states, Illinois, Minnesota, New Mexico, New York, and Rhode Island, introduced state versions of the federal Freedom of Choice Act, a radical attempt to enshrine abortion-on-demand into American law, to sweep aside existing laws that the majority of Americans support, and to prevent states from enacting similar protective measures in the future.
* Please note that this report is preliminary and subject to change. A comprehensive report on the 2008 legislative sessions is forthcoming.