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Copyright 2000 Globe Newspaper Company  
The Boston Globe

March 1, 2000, Wednesday ,THIRD EDITION

SECTION: METRO/REGION; Pg. B1

LENGTH: 688 words

HEADLINE: SENATE RESTRICTS CLINIC PROTESTS HOUSE PANEL OK'S BAN ON LATE-TERM ABORTION

BYLINE: By Frank Phillips, GLOBE STAFF, and Hillary Chabot, GLOBE CORRESPONDENT

BODY:
After simmering for years on Beacon Hill, the battle over abortion moved into the open yesterday as the Senate voted to restrain antiabortion protesters around family planning clinics, and the House advanced legislation banning a controversial type of late-term abortion.

Legislative sources said the moves were driven by a battle between House Speaker Thomas M. Finneran, who is strongly against abortion, and Senate leaders who back abortion rights.   By 27 to 12, the Senate passed legislation creating a 25-foot protest-free zone around abortion clinics, a measure abortion-rights advocates have been pushing for years.

The abortion-rights groups hailed the vote, which followed four hours of debate, as a major step in protecting the state's clinics from violence. The hotly contested bill is, in part, a reaction to the 1994 shootings at Brookline abortion clinics that left two women dead. But antiabortion forces scored their own victory when the judiciary committee passed a bill to ban a late-term abortion procedure in which a fetus is killed in the birth canal and suctioned out.

The judiciary committee's action on the bill was unexpected because the panel last spring had voted to send the bill to a study committee, a move that usually kills legislation indirectly.

Senate leadership sources said they are convinced that Finneran ordered the judiciary committee to approve the ban after the Senate decided Monday to take up the buffer zone bill.

House members outnumber Senate members on the judiciary panel.

"That was clearly a tweak from Finneran," one senator said. "Everyone had agreed last spring that it would go into study. No one wanted to face it."

Finneran late yesterday scoffed at the notion. "No tweaks intended or delivered," he said. "I have grown beyond tweaks."

John H. Rogers (D-Norwood), the House judiciary chairman, said the panel pulled the bill out of committee because the rest of his colleagues in the House wanted to vote on it.

"I think it's important to have a debate on this issue," Rogers said. "It's a practice that many people in America are opposed to, and even some abortion-rights advocates oppose it. . . . Most of my colleagues in the House are in favor of the ban."

Opponents of the bill say late-term abortions are rarely performed and decisions to undertake them should be based on medical issues.

Governor Paul Cellucci, a strong abortion-rights advocate in the past, said he would sign the bill banning late-term abortions. He also has indicated that he would sign the proposed buffer zone law.

Finneran, however, would not say whether he would allow either of the two bills to come up for a vote in the House before the Legislature adjourns for the year in July. "I never handicap something like that," he said. "We have stayed away from those things over the last several years and focused on other issues."

The House leader said he opposes the buffer zone legislation because it is too broad, and he doubts it will stand up to federal court scrutiny.

"This would criminalize silent prayer and peaceful and quiet standing," Finneran said. "And it is clearly aimed at one particularly activity, not all."

While Finneran said he would confer with advocates of the buffer zone bill over whether to take it up in the House, legislative observers say the measure to ban late-term abortion gives the speaker leverage in dealing with abortion-rights advocates.

The buffer zone bill has passed the Senate twice in the past, only to die in the House from lack of action. The Senate took up the bill after the state's Supreme Judicial Court in January unanimously declared the measure does not violate the state Constitition.

"The goal of this buffer zone legislation is to protect the safety of women as they seek access to reproductive health services," Senate President Thomas F. Birmingham said.

Abortion opponents argued the bill curbs free speech and the right of assembly.

"If it were really considering violence, it would have provisions for peaceful protest," said Maryclare Flynn, executive director of Massachusetts Citizens for Life.

LOAD-DATE: March 1, 2000




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