NAF's Report on Federal and State Action on Abortion
Issues
February, 2000
Federal Legislation
2/2 - The Senate approved Senator Charles Schumer's (D-NY) amendment to the Bankruptcy Reform Act. The amendment makes clinic violence-related debts non-dischargeable in bankruptcy proceedings. The bill must now go to conference to be reconciled with the House bill that does not contain the amendment.2/23 - The Senate Judiciary Committee held hearings to discuss the Unborn Victims of Violence Act. The bill, which passed the House in September, would create a separate criminal offense for violating the rights of a zygote, embryo or fetus during the commission of a federal offense.
2/28 - The U.S. Supreme Court agreed to review a case involving South Carolina's public hospital policy to perform drug tests on pregnant women without the patient's consent. The case was appealed to the high court on behalf of ten South Carolina women who were arrested on the basis of hospital-provided evidence.
2/28 - Nebraska's Attorney General Don Stenberg (R) filed a legal brief with the U.S. Supreme Court asserting the constitutionality of the state's so-called "Partial Birth Abortion" Ban. Stenberg asserts that the law would only apply to one procedure.
In the States
Action on so-called "partial birth abortion" bans:2/1 - Planned Parenthood, the American Civil Liberties Union, and the Center for Reproductive Law and Policy filed lawsuits to block enforcement of Michigan's so-called "Partial Birth Abortion" Ban. The law, entitled "The Infant Protection Act," includes penalties up to life in prison and/or fines of up to $50,000 for "killing a live infant" partly outside the woman's body.
2/3 - Maryland lawmakers agreed to delay discussion on the so-called "Partial Birth Abortion" Bill until after the U.S. Supreme Court ruling on the Nebraska law.
2/7 - The Kansas House approved a so-called "Partial Birth Abortion" Bill. The proposed law allows exceptions in cases in which two physicians deem it necessary to save the woman's life. The bill would eliminate a provision in the state's current so-called "Partial Birth Abortion" Ban that allows an exception to preserve the mental or physical health of the woman. The Kansas attorney general, Carla Stovall (R), has called the bill unconstitutional due to the vague language.
2/15 - The New Mexico Legislature approved a so-called "Partial Birth Abortion" Bill. The ban prohibits procedures that extract an "independently viable fetus" from the womb and then "mechanically extract the cranial contents of the fetus in order to induce death." The bill has been sent to Governor Gary Johnson (R).
2/29 - The Massachusetts House Judiciary Committee approved a so-called "Partial Birth Abortion" Ban. The proposed law includes an exception for procedures necessary to save the life of the mother.
Parental Consent/Notification:
2/2 - Arizona Senators approved a parental consent bill after adding amendments to include exceptions for victims of rape and incest, along with 48 hours deadline for judges to act on judicial bypass requests from minors.
2/14 - Idaho's House of Representatives approved a parental consent bill requiring girls under 18 to receive permission from a parent or a judge before she can obtain an abortion. Governor Dirk Kempthorne (R) signed the bill into law on 2/24.
Waiting Periods/Informed Consent:
2/3 - A Colorado Senate Committee rejected the "Woman's Right to Know Act" which would have required women to watch a video of a fetus' beating heart, receive information about abortion alternatives and then wait 24 hours before having an abortion.
2/8 - The Virginia House approved an "informed consent" bill requiring physicians, licensed health professionals or nurses to provide information about abortion risks and alternatives 24 hours prior to an abortion. On 2/24 The Senate Education and Health Committee rejected the bill.
2/29 - A U.S. District Court trial began concerning Kentucky's 24-hour waiting period law for women seeking abortions. The lawsuit, filed by the American Civil Liberties Union of Kentucky, charges that Kentucky's informed consent law will create hardships for women.
Contraceptive Coverage"
2/24 - The Kentucky House approved a bill that would require insurance companies that cover prescription drugs to also cover prescription contraceptives. The bill requires health plans to offer coverage for birth control pills, intrauterine devices, diaphragms and Norplant. A carve-out for employers who object on religious basis was also included in the bill.
Other State News:
2/2 - Nebraska Attorney General Don Stenberg (R) issued a legal opinion encouraging the state legislature to ban the use of fetal tissue from aborted fetuses for research maintaining there is no legal prohibition on such measures. A bill introduced by State Senator John Hilgert (D) would prohibit state employees or agencies from using aborted fetal tissue for research.
2/4 - An Ohio man accused of killing his girlfriend and ending her pregnancy could face the death penalty under the state's fetal homicide law. Terrance Davis shot his girlfriend several times allegedly aiming at the victim's stomach.
2/9 - An Arizona House Committee approved the "Jackie Doe Law" which would ban Arizona courts from sending children the in state's custody to another state for an abortion that would violate Arizona state laws. The bill also requires the state to counsel pregnant foster children about available medical assistance, child support requirements for fathers and adoption.
2/10 - A Virginia House Committee defeated a bill that would require doctors' offices and clinics performing more than 25 abortions per year to follow state hospital guidelines. The bill would have required offices to undergo extensive renovations. .
2/18 - A Montana district judge issued a 29-year-old drug addict an order prohibiting her from becoming pregnant within the next 10 years. Dawn Marie Sprinkle who was convicted on child endangerment charges in 1998 must report to the county jail for a pregnancy test every few months.
2/23 - The decision by Roman Catholic owners of newspapers in San Luis Obispo County, California, to stop printing stories that portray abortion or gays favorably has caused a series of resignations by editors and writers and a substantial loss of subscriptions.
2/24 - The Illinois House approved a bill that would forbid the state from funding abortions for low-income women. The proposed law would allow exception in cases where the abortion is necessary to save the woman's life or in cases of rape or incest. Illinois currently provides abortions to low-income women whose health is endangered.
2/29 - The Massachusetts Senate approved legislation to create a 25-foot protest-free zone around abortion clinics.
In the Courts
2/2 - A Federal Judge overruled a South Carolina State Ethics Commission that forced an anti-choice organization, Citizens for Life, to abide by state campaign finance laws.2/7 - A Circuit Court Judge ruled that Florida could not distribute "Choose Life" license plates pending a ruling on whether officials are making a political statement. The National Organization for Women has filed suit against the state arguing that the tags are a state-sanctioned political statement against abortion-rights.
2/12 -- Louisiana health officials must obtain clinic permission or an order from a judge to inspect state abortion facilities according to a settlement reached last month between state attorneys and abortion-rights supporters.
2/19 - A security guard, Richard Seron, injured in a 1994 shooting at a Massachusetts abortion clinic filed suit against Planned Parenthood and the National Abortion Federation claiming that he should receive two $100,000 rewards for helping to catch John Salvi.
