NAF's Report on Federal and State Action on Abortion
Issues
August, 1999
Federal Legislation
8/4- The Subcommittee on the Constitution of the House Judiciary Committee marked up the "Unborn Victims of Violence Act." The proposed legislation would establish a legal "personhood" for a zygote (fertilized egg), blastocyst (preimplantation embryo), embryo (through week 8 of a pregnancy), or fetus. The bill attempts to establish a new federal crime against "a member of the species homo sapiens, at any stage of development." By this definition, individuals could be federally prosecuted for violating the "rights" of zygotes, blastocysts, and embryos.8/16- House Commerce Committee Chairman Thomas Bliley (R-VA) introduced a bill that would require federally funded family planning programs to provide adoption counseling. The bill language specifically excludes abortion as one of the counseling topics. It is uncertain what effect the legislation will have on the amount of money allocated for family planning.
In the States
Action on so-called "Partial Birth Abortion Bans":
8/10- A U.S. District Judge denied Virginia Governor Jim Gilmore's request to implement the state's partial-birth abortion ban while state officials appeal an earlier ruling that declared the ban unconstitutional. 8/26- Missouri's Governor Mel Carnahan has mounted an aggressive campaign in order to sustain his veto of the "Infant's Protection Act." Anti-choice legislators will attempt to override the veto during a special September veto session. Under the proposed language, this latest version of the so-called "partial birth abortion ban" could establish a legal defense for violent anti-choice activists. 8/30- A federal judge stuck down Rhode Island's so-called "partial birth abortion" ban. The U.S. District Chief Judge ruled the law was too vague and could be used to outlaw a number of abortion procedures while not allowing exceptions to protect the health of the woman. 8/31- Two doctors have filed suit against Montana's so-called "partial birth abortion" ban. The proposed law is scheduled to take effect on October 1, 1999. The suit claims the law is too broad and bans virtually all abortion procedures.
Contraceptive Coverage:
8/12- An Ohio pharmacist filed suit against Kmart claiming her dismissal violated a state law that allows her to refuse to dispense birth control. The American Center for Law and Justice filed the suit on behalf of pharmacist Karen Brauer who believes birth control contains a "major abortifacient mechanism." Brauer refused to stock or sell any birth control pills.
8/19- The Macomb County Board of Commissioners in Michigan voted unanimously to ban the Health Department from providing any "substance or drug with the intention of, or which has been shown to substantially act to, abort a human embryo or prevent development of a fertilized human egg."
Other State News:
8/13- State officials in Kentucky postponed the implementation of a state law to regulate abortion clinics. The state health agency said it could not enforce the regulations, which include requirements for licensing, staffing levels and record-keeping, due to the ongoing court action on the recent 24-hour waiting period law.
In the Courts
8/6- A federal judge in Lousiana blocked the state from imposing a broad set of regulations on abortion clinics. The law, passed earlier this year, would have placed abortion clinics in the same category as outpatient surgical centers.8/12- A federal judge in Ohio ruled that a pregnant woman currently being held in the River City Correctional Center has the right to an abortion. The judge ordered the staff to take the woman to a Cincinnati clinic for an abortion. The correctional facility policy differs from Ohio state law which allows inmates to receive abortions.
8/14- A federal appeals court upheld a Wisconsin law that requires women to wait 24 hours before having an abortion. The law requires women to meet with a physician at least 24 hours before getting an abortion. Along with state-published information, doctors are also required to inform women about technology that allows them to hear a fetal heartbeat and to tell victims of rape and incest that the rapist is obligated to pay child support.
8/17- Two Indiana clinics are suing the Indiana Family and Social Services Administration which is responsible for administering state Medicaid funds. The clinics, represented by CRLP, want the state to use state Medicaid funds to pay for abortions that are deemed medically necessary. Currently, the state law only allows Medicaid funds to be used for abortions when the women's life is in danger or in cases of rape or incest. The lawsuit contends that the policy violates the state constitution by not providing equal protection for pregnant women.
8/20- A federal judge refused to reopen a 1995 Louisiana case due to new allegations that state judges are not authorizing abortions for teenagers who are seeking judicial bypasses.
8/23- The Pennsylvania state Supreme Court refused to hear the appeal of a woman who was prosecuted for accompanying a 13 year-old girl to New York for an abortion. The court ruled that the lower court should not have granted the appeal.
8/25- An Arizona Superior Court judge ordered state child welfare officials to take a 14 year-old rape victim out of the state for an abortion. The teen has been in the state child welfare system since she was five years old and is a ward of the court. A new Arizona law prevents abortions in most cases after 20 weeks of pregnancy.
8/26- A circuit court judge in Florida upheld an earlier decision to block the state from enforcing its new parental notification law. The law, which was supposed to take effect July 1, required doctors to give 48 hours notice to the parents of girls under age 18 before performing abortions.
Around the World
8/31- After outraging women's groups in Japan with the approval Viagra, health officials have legalized the sale of birth control pills by prescription.8/31- The Health Ministry of Israel licensed the use of Mifegyne or RU-486 without encountering much protest from religious conservatives.
