NAF's Report on Federal and State Action on Abortion Issues
May/June, 1999

Federal Legislation

5/5- Senator James Jeffords (R-VT) introduced a bill that would restore U.S. funding to the United Nations Population Fund. A House version was introduced in April by Representatives Carolyn Maloney (D-NY) and Connie Morella (R-MD).

5/13- The Subcommittee on Military Personnel of the House Armed Services Committee accepted an amendment offered by Representative Steve Kuykendall (R-CA) to the Department of Defense Reauthorization bill that allows physicians in U.S. military hospitals to perform abortions on women whose pregnancies are a result of rape and incest. Current law only allows for abortions when a woman's life is in danger. Representative Loretta Sanchez (D-CA) offered a second amendment, that was also accepted by the subcommittee, that would allow military doctors to perform abortions in overseas military hospitals for U.S. servicewomen and dependents if they paid for the abortion with their own funding. The Sanchez amendment was defeated during full committee consideration. The full committee also changed the language in the Kuykendall amendment to read "forcible" rape and incest and the bill now includes mandatory reporting requirements.

5/27- The House Judiciary Committee's Subcommittee on the Constitution held a hearing on the so-called "Child Custody Protection Act" or "Teen Endangerment Act." The National Abortion Federation brought forward a grandmother from South Carolina who would have been prosecuted for helping a 16-year-old girl, who had been physically and sexually abused by her parents, travel across state lines in order to receive an abortion. On 6/8, the Subcommittee on the Constitution passed the bill. The full Committee passed the legislation on 6/23 and the full House passed the measure on 6/30 by a vote of 270-159. The Senate has not yet taken up the bill, and President Clinton has threatened to veto it.

6/8- Representative Tom Coburn (R-OK) offered an amendment to the Fiscal Year 2000 Agriculture Appropriations bill that prohibits the use of any portion of the Food and Drug Administration appropriation for the testing, development, or approval of any drug for the chemical inducement of abortion. The amendment passed the House by a vote of 217-214. The Senate has not yet completed its consideration of the Agriculture Appropriations bill.

6/10- Senators Olympia Snowe (R-ME) and Harry Reid (D-NV) along with Representatives Nita Lowey (D-NY) and Jim Greenwood (R-PA) reintroduced the "Equity in Prescription Insurance Contraceptive Coverage Act." This bill would require insurers to cover prescription contraceptives if they cover other prescription drugs.

6/22- The Senate passed the State Department Authorization bill that will pay U.S. dues to the United Nations. The Senate-passed bill does not include any anti-choice language, however, it is expected that the House version will include such anti-choice provisions.

In the States

Action on so-called "Partial Birth Abortion Bans":

5/4- The Missouri Senate approved legislation outlawing "infanticide" that would allow the state to "charge doctors with second-degree murder for killing a [so-called] 'partially born' fetus." Governor Mel Carnahan (D) has promised to veto this legislation.

5/13- In Connecticut, the state House rejected legislation that would have banned so-called "partial birth abortions."

5/18- The Massachusetts House and Senate Judiciary committees held a joint hearing on so-called "partial birth abortion" legislation. Maureen Britell, NAF's Director of Government Relations and a patient, testified against this bill.

5/20- The New Hampshire Senate defeated a so-called "partial birth abortion" bill and passed a measure that prevents any further anti-abortion bills from being introduced through the 2000 election campaign.

5/25- The Louisiana Senate approved legislation that would ban all abortions after the 22nd week of pregnancy. Current Louisiana law allows abortions up to 28 weeks. The House approved the bill on 6/15.

6/16- An Oregon Senate committee passed a bill that would criminalize so-called "partial birth abortions."

6/21- Michigan lawmakers passed a so-called "partial birth abortion" ban bill that could send physicians to jail and fine them up to $50,000 for "killing a 'live infant' partly outside a mother's body." Governor John Engler (R) is expected to sign the bill into law.

Parental Consent/Notification:

6/7- Texas Governor George W. Bush (R) signed legislation that requires minors to notify their parents prior to having an abortion or obtain a judicial bypass. The new law takes effect on September 1.

6/11- In Florida, Governor Jeb Bush (R) signed into law a bill that would require minors seeking abortions to either have their parents be notified of their intent at least 48 hours before the procedure or obtain a judicial bypass.

6/28- In New Jersey, Governor Christine Todd Whitman (R) signed a bill that would require minors to notify their parents of their intent to have an abortion.

Contraceptive Coverage:

5/13- The New Hampshire Senate has approved contraceptive coverage legislation. The bill must now pass the state House.

5/17- Maine's legislature approved contraceptive coverage language that is likely to be signed into law by Governor Angus King (I).

5/19- The Connecticut legislature has passed language that would require insurance coverage for prescription contraceptives. The bill includes an exception for religious employers. Governor John Rowland (R) is expected to sign this legislation into law.

5/29- Governor Kenny Guinn (R) signed legislation that would require insurers to cover prescription contraceptives in Nevada.

6/16- The North Carolina House followed the Senate's lead and approved a measure that would require insurers that cover prescriptions to also cover contraceptives.

Other State News:

5/17- Arizona Governor Jane Hull (R) signed into law a bill that would require the state Department of Health Services to license abortion clinics that perform more than four first-trimester abortions in one month or any second- or third-trimester abortions.

5/17- The Oregon House defeated legislation that would have allowed pharmacists to "refuse to fill some kinds of prescriptions," including emergency contraception.

6/1- The Louisiana Senate approved legislation authorizing the health department to inspect abortion clinics after receiving a complaint.

6/15- Former U.S. Surgeon General, Antonia Novella, has been confirmed for the post of New York State Health Commissioner. Novella is anti-choice.

6/8- Florida Governor Jeb Bush (R) signed into law legislation creating a "Choose Life" license plate. The proceeds from the additional $20 fee will support not-for-profit adoption agencies that do not "promote abortion as an alternative."

6/17- The New York Senate passed abortion clinic access language as part of a larger anti-stalking bill. The legislation, which the House passed in January, "aims to protect reproductive services providers and clients from abortion protesters."

6/28- In Oregon, the legislature added language to a spending bill that would effectively bar the state from paying for abortions for low-income women. Governor John Kitzhaber (D) has said that he opposes the measure.

In the Courts

5/9- The Rhode Island Medical Society, Planned Parenthood of Rhode Island, and two local physicians, represented by the American Civil Liberties Union, ended arguments in a civil suit regarding the state's so-called "partial birth abortion" ban. Rhode Island previously passed a so-called "partial birth abortion" ban, however, that law was struck down in 1997.

5/5- In Tennessee, the 6th Circuit Court of Appeals reversed a 1996 lower court ruling that had invalidated Tennessee's parental consent law.

5/28- A federal judge in Wisconsin upheld the state's so-called "partial birth abortion" ban. Judge John Shabaz ruled that the the law is not vague and does not place an "undue burden on women."

6/10- Three Arizona judges rejected a state law that requires minors to notify a parent or judge before obtaining an abortion. The 9th Circuit Court of Appeals found the law unconstitutional because of the vague language regarding the time limit that judges have to rule on requests.

6/14- "Nuremberg Files" website manager Neal Horsley is suing MindSpring Enterprises after the Internet service provider shut down his website in February. MindSpring cited violation of "inappropriate use policies" as a reason for their action.

6/15- NAF's Director of Government Relations, Maureen Britell, and her husband, Andrew, are suing the Department of Defense for the military's failure to cover their abortion in 1994. The suit seeks to change Department of Defense policy on abortion coverage in cases of fatal abnormalities. The Britells are being represented by the Center for Reproductive Law and Policy.

6/16- Michigan Governor John Engler (R) has finalized a settlement with abortion providers who filed a lawsuit against the state's 24-hour waiting period law. The settlement allows women to receive information via fax, mail, courier, Internet, or in person. The law will take effect in September.

6/22- Two Planned Parenthood affiliates in Missouri are suing the state over the constitutionality of a budget rule. The rule requires organizations to separate their family planning and abortion services in order to receive state funding.

6/24- Florida health officials agreed to an enforcement delay of the state's new parental notification law while some abortion providers prepare a court challenge. The court will hear arguments on July 19 and 21.

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