NAF's Report on Federal and State Action on Abortion
Issues
September, 1999
Federal Legislation
9/21 - Representative Mary Bono (R-California), Representative Joseph Pitts (R-Pennsylvania), and Senator Rick Santorum (R-Pennsylvania) introduced legislation that would direct federal funds to crisis pregnancy centers, maternity homes and adoption services. The grants created by the "Women and Children's Resources Act" would not be available to family planning centers or other agencies that refer women to abortion providers, provide abortion counseling or perform abortions. Federal money would be allocated to each state based on the number of abortions and out-of-wedlock births.9/28 - The U.S. Supreme Court will consider a Colorado criminal law designed to protect the privacy rights of women entering abortion clinics. The law prohibits anyone from distributing leaflets, sidewalk counseling, or protesting within 100 feet of a facility's entrance. The Supreme Court will hear arguments in January with a decision expected before the end of June.
9/30 - The House of Representatives passed the "Unborn Victims of Violence Act" by a vote of 254-172. The proposed legislation would establish 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. President Clinton has promised to veto this legislation should it reach his desk. There has been no movement yet on the Senate bill.
In the States
Action on so-called "Partial Birth Abortion Bans":
9/1 - Montana Planned Parenthood filed suit against the state's so-called "partial birth abortion" ban. The 1999 law is similar to the 1997 ban which was ruled unconstitutional.
9/3 - In Kansas, anti-choice lawmakers vowed to re-introduce the so-called "partial birth abortion" bill claiming that the state is becoming known as the "abortion capital of the world."
9/3 - In Virginia, a federal appeals court ruled the state can enforce its so-called "partial birth abortion" ban pending an appeal of a lower-court ruling that declared the ban unconstitutional.
9/16 - In Missouri, the House and Senate overturned Governor Mel Carnahan's (D) veto of a bill banning so-called "partial birth abortions." Planned Parenthood has filed a lawsuit challenging the new law. A temporary stay blocking the new law was granted until March 27 when the trial is scheduled to begin.
9/17 -- In Maine, Pro-Choice organizations have mounted an aggressive campaign against the November referendum banning so-called "partial birth abortions."
9/24 - A federal appeals court struck down three so-called "partial birth abortion" laws in Arkansas, Iowa and Nebraska. The 8th U.S. Circuit Court of Appeals ruled the laws are unconstitutional because they place an undue burden on women seeking to end their pregnancies and would ban some of the most commonly used abortion procedures.
Parental Consent/Notification:
9/3 - Oregon Governor John Kitzhaber (D) vetoed legislation which would require doctors to notify parents before performing abortions on women under 18.
9/25 - A New Jersey Supreme Court judge temporarily blocked a law which would have required women under 18 to notify at least one parent before accessing an abortion.
Waiting Periods/Informed Consent:
9/15 -After a 6-year court battle, the "Women's Right to Know" law took effect in Michigan. Passed in 1993, the law requires women to be given information about the abortion procedure, the name of the doctor, and options beside abortion. The woman must then wait 24 hours before having an abortion.
Contraceptive Coverage:
9/6 - Puerto Rico Governor Pedro Rossello introduced a bill which would give adolescents access to sex education and reproductive health treatment, including contraceptives, without parental consent.
9/7 - The California Legislature approved proposals mandating insurers who cover prescriptions to provide coverage for contraceptives.
9/27 - California Governor Gray Davis signed into law the Women's Contraceptive Equity Act which requires insurers that cover prescription drugs to also cover contraceptives.
In the Courts
9/7 -Three men who allegedly kicked a nine month pregnant woman in the stomach, ending her pregnancy, were charged with first-degree battery and capital murder under Arkansas' new Fetal Protection Law. The statute created a new criminal offense for injuring a fetus more than 12 weeks old.9/13 - A federal judge in Ohio declared a mistrial in the Department of Justice's lawsuit against Operation Rescue's six protestors accused of illegally blocking entrances to abortion clinics, a violation of the Freedom of Access to Clinic Entrances Act (FACE).
Around the World
9/3 -In an effort to reduce abortion rates, women in Scotland were offered free emergency contraception kits.9/10 -Irish Prime Minister, Bertie Ahern, published a report analyzing options for modifying Ireland's constitutional ban on abortions.
9/21 - Pope John Paul II ordered Germany's Roman Catholic Church to either stop issuing certificates that enable German women to obtain abortions or to cease abortion counseling all together. Under German law, women seeking abortions must receive certificates verifying that they have received counseling from government-approved counseling centers.
