Copyright 2000 Times Publishing Company
St.
Petersburg Times
February 08, 2000, Tuesday, 0 South Pinellas
Edition
SECTION: CITY & STATE; Pg. 5B
DISTRIBUTION: CITY & STATE; METRO & STATE;
TAMPA & STATE
LENGTH: 620 words
HEADLINE: 'Partial birth' abortion ban
sails by panel
BYLINE: JO BECKER
DATELINE: TALLAHASSEE
BODY:
Abortion rights advocates plan to fight the issue in court as a House
committee passes the bill.
Abortion rights advocates are laying down
their arms in the push to ban so-called "partial
birth" abortions, preferring to do battle in court rather than in
the political arena.
A bill to ban the rare, late-term abortion
procedure easily passed a House committee Monday with nary a word of opposition.
The hearing was a stark contrast to the highly charged atmosphere that usually
accompanies abortion debates. "Let them pass it - we'll go to court," said
Ann Gannon, a representative of two abortion rights groups who attended the
hearing but did not speak. "Frankly, I think it's time the Republicans became
responsible for the legislation they pass that is blatantly unconstitutional."
The Republican-controlled Legislature passed a bill in 1997 banning the
late-term procedure, only to have Democratic Gov. Lawton Chiles veto it. In
1998, the Legislature overrode his veto. But a federal judge blocked the law
from taking effect, saying it was unconstitutional because it was too broadly
drafted and did not make an exception if the abortion was necessary to protect
the health of the mother.
The state had to pay abortion rights activists
$ 125,000 in legal fees.
Because of such constitutional concerns, an
effort to revive the bill last year failed in the Senate.
Proponents of
banning the abortion procedure say they have carefully crafted this year's bill
to pass constitutional muster. The bill, which passed 4-2 in the House Crime and
Punishment Committee, would make it a felony punishable by up to 15 years in
prison to perform such an abortion.
"There's consensus that this needs
to be outlawed - it's horrific," said Lauran Stroffolino of the Florida
Catholic Conference. "People who have witnessed the procedures have seen the
baby dangling outside the mother, grasping their fingers and kicking their
feet."
Rep. Randy Ball, R-Mims, gave a graphic description of the
procedure, known in medical circles as a dilation and extraction. His bill
defines it as involving the dilation of the cervix, the partial extraction of a
living fetus and the suctioning of the contents of the fetus' skull.
Those who oppose the ban say that in rare cases, the procedure is the
safest way to perform an abortion. Ball's bill, they point out, makes no
exception for the health of the mother. Charlene Carres, an abortion rights
lawyer, said the bill is unconstitutional under both the federal and state
constitutions.
Republican Gov. Jeb Bush has yet to sign on to the plan.
"He's against partial birth abortion," said Bush spokesman Justin
Sayfie, "but our concern is making sure that any bill that does pass is
constitutional."
The ban already has passed the one Senate committee
that will hear it. But more questions likely will arise when the full Senate
hears the proposal. Senate Majority Leader Jack Latvala said he thinks it is
impossible to craft a constitutional bill to ban the procedure.
Any
legislation concerning abortion is almost guaranteed to wind up in a legal
battle.
Last year, Bush signed into law a requirement that minors
seeking an abortion notify their parents. That law is tied up in the courts, as
is another law Bush supported last year that allows drivers to purchase "Choose
Life" license tags from the state.
But Stroffolino is heartened by
a series of recent federal court decisions upholding bans on the late-term
abortion procedure. To date, 30 states have banned it. Eighteen have had the
bans blocked in federal court.
The U.S. Supreme Court will now weigh in
on the issue. In January, the court agreed to decide if Nebraska's ban
is constitutional.
LOAD-DATE: February 8,
2000 
