Volume XIV, Number 32 / February 26, 1999

Attempt To Ban Some Abortions Defeated In Colorado
On February 23, a bi-partisan group of Colorado senators voted 20-13 to defeat a bill that would have restricted abortions performed after 19 weeks. After 19 weeks, about half-way through a pregnancy, the woman would have to have a doctor declare that the fetus was not viable before an abortion could be performed. If the doctor declared the fetus was viable, an abortion could be performed only to save the woman’s life or to prevent "substantial and irreversible impairment of a major bodily function." If a pregnancy were ended to protect the woman’s life or health, the doctor would be obligated to also attempt to save the fetus’s life. Failure to try to safeguard the fetus could result in a charge of murder or manslaughter.

Six Republicans voted with the Democrats to defeat the measure, so far the only abortion-related bill introduced in this session. "If there was a real willingness to compromise," the Denver Post reports Sen. Dottie Wham (R) saying, "we would come down and say you need a medical reason for an abortion in the third trimester. But every one of these bills from the far right has to be seen as part of an effort to ban all abortions."

Contraceptive Equity Introduced In North Carolina, Defeated In Idaho, and Utah
A hearing was held in the North Carolina Senate Health Care Committee on a bill that would require insurance and health care providers to cover contraceptive drugs and devices in the same manner they cover other prescription drugs and devices. The bill was sponsored by Sen. Jim Forrester (R), who also is a physician. It is estimated that about one-third of the insurance plans in the state do not cover contraceptives.

John Rustin of the North Carolina Family Policy Council, a group affiliated with Focus on the Family, testified that the bill would go against the state law that requires that minors be told that abstinence until marriage is the proper course of action. He said this bill would tell minors, if you don’t want to wait until marriage you can just use your parent’s prescription card and get your contraceptives paid for. Another person to testify against the bill was Perri Morgan, the state director of the National Federation of Small Businesses. During questioning, one of the bill’s sponsors asked her if the federation had polled its members for their views or if she was just taking this position because the federation is against all mandates. She admitted that the membership had not been asked whether or not they would favor this bill.

Kay Michaels, Public Affairs coordinator of PP of Orange and Durham Counties, says the prospects for Senate passage of a clean bill look good.

Meanwhile, the Idaho Senate Commerce and Human Resources Committee voted 8-1 to defeat a bill that would have required insurance plans to cover contraceptive drugs and devices in the same manner that they cover other prescriptions. The only member of the committee to support the bill was a Democratic woman, Sen. Margurite McLaughlin. The bill actually got farther this year than last. Last year, anti-choice legislators would not even allow a hearing.

And, finally, in Utah, the contraceptive equity bill made it through first and second readings and was killed on third reading when two Republican senators who previously had voted to support the bill changed their votes, defeating the bill by one vote. Both said they had gone back to their moral convictions against mandates on businesses and, thus, were compelled to vote against it.

Last year the bill was passed in the House, but was defeated in the Senate. This year, supporters decided to start in the Senate. With it’s defeat there, it was not brought up in the House.

Bev Cooper of Utahns for Choice says they have an incredible coalition working for passage of this bill and are determined to get it approved next year. They’ve already begun their grassroots efforts, placing post cards in ob-gyn offices for clients to send to their legislators demanding passage of this legislation.

Arkansas Bill Seeks To Protect Fetus At All Stages
A bill has passed the Arkansas House that would make it a crime to injure or cause the death of a fetus. The bill defines a fetus as a person from the moment of conception. It allows those who kill a fetus in the commission of an attack on a woman to be charged with murder. An exception would be made for the performance of abortions.

In addition, a woman who does something illegal, such as taking drugs, that results in the death of the fetus also could be charged with murder.

In the House, the bill received 51 votes, the minimum number necessary to send the bill to the Senate. In the Senate, it was sent to the Public Health and Welfare Committee, which has a reputation for burying anti-choice legislation.

Agreement Reached On Religious Exemption For Washington State Contraceptive Equity Bill
Planned Parenthood and other supporters of family planning in Washington state have negotiated an agreement with the Sisters of Providence Health System and the Washington State Catholic Conference that hopefully will allow a contraceptive equity bill to be approved. The "conscience clause" they have agreed to would permit religious employers such as the Catholic Church and its off-shoots to purchase health insurance that does not include family planning services. Women who work for such institutions would be allowed to purchase coverage directly from the insurer for about $1.50 per month – the estimated cost of coverage in a group insurance policy.

Religiously sponsored health carriers would be required to provide written notice to enrollees detailing what contraceptive services they do not provide, and where these services can be obtained.

The February 23rd Seattle Times reports that Providence Health System officially complies with the strictures imposed by the church. However, their health plan does not question what prescriptions doctors affiliated with it prescribe.

Missouri Legislature Seeks To Define Abortion Procedures As “Infanticide”
Missouri legislators believe they have found a way around court rejections of bans on so-called "partial birth" abortions. A bill has been approved by a House committee. Without mentioning the word "abortion," it would include in the definition of infanticide the killing of an individual who is "partially born" and then goes on to describe the parameters of being "partially born." The bill does not provide an exception to save a woman’s life nor does it set a stage of pregnancy at which it applies. Attempts to include an exception for the health of the woman and to restrict it to procedures done after the fetus is viable were defeated. Doctors alleged to have violated this law would be charged with a class A felony. The House bill has 116 sponsors, 34 more than needed for passage. A hearing has been held in the Senate on a companion bill.

A spokesperson for Gov. Mel Carnahan (D) has said the governor remains insistent that any such legislation must contain an exception to protect a woman’s health.

New Mexico House Committee Approves So-Called “Partial Birth” Abortion Ban; Rejects Waiting Period
The New Mexico House Consumer and Public Affairs Committee voted 4-2 on February 18 to approve a bill that would ban so-called "partial birth" abortions. The only exception would be to save the woman’s life when no other procedure would work. The bill must be approved in two other House committees before reaching the full House for a vote.

The Consumer and Public Affairs Committee rejected a bill that would have required women to wait 24 hours after receiving state-mandated information before obtaining an abortion.

Missouri Wants Planned Parenthood to Return Family Planning Funds
The lawyer representing Missouri in the case challenging Planned Parenthood’s right to receive state family planning funds has asked the court to force Planned Parenthood to return the funds already received (in excess of $500,000). He also has asked the court to specify that, in order to receive state family planning funds, an organization that provides abortions must establish a separate corporation with a dissimilar name at a separate facility. The administration appointed a private lawyer to argue the case because the legislature was unhappy with the manner in which the state’s attorney general had argued a case over a similar funding restriction.

The U.S. Court of Appeals for the 8th Circuit had ruled that Planned Parenthood could not be disqualified from receiving state family planning funds. However, it held that the state could require separation of abortion and family planning services.

Planned Parenthood affiliates in the state vow to continue the fight to assure that separation requirements are reasonable and allow them to continue to provide contraceptive and other reproductive health services to women in the state. "We’re going to fight until we can fight no more," declared Paula Gianino, CEO of PP of the St. Louis Region, in a story in the St. Louis Post Dispatch.

STOPP Develops Web Site
STOPP (Stop Planned Parenthood International), which now is a division of the American Life League, is now on the Internet. The web address for STOPP is www.all.org/stopp. According to a release from the American Life League, it has been developed "to provide accurate information for use in fighting Planned Parenthood," and hopes to become the "number one site for those opposed to Planned Parenthood."

Jim Sedlak, the founder of STOPP reportedly said he wants to stir up “such discontent with Planned Parenthood programs that it will have no choice but to close its doors and get out of town.

By Sedlak’s own admission, he’s been attempting to get Planned Parenthood to close its doors for 14 years without success.

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