Volume XIV, Number 35 / March 19, 1999

Georgia Legislature Passes Contraceptive Equity Bill, Governor Expected To Sign
Georgia scored a great victory this week when the Georgia Senate passed for a contraceptive equity bill that requires insurance providers to cover FDA-approved contraceptive drugs and devices in the same manner that they cover other prescription drugs and devices by a vote of 36-20.. The bill does not contain a "religious clause" exemption. The Senate approved the bill after rejecting several amendments including one that would have required minors under 16 to obtain parental consent before using their parents' insurance coverage to obtain contraceptives.

The House had approved the bill by a vote of 120-53. It was passed after the representatives rejected an amendment that would have prohibited the coverage of emergency contraception, which, it said, sometimes was medically regarded as "chemical abortion." The substitute that remains in the bill says that nothing in the legislation requires coverage of abortion services.

Julie Edelson, public policy director for PP of Georgia says she and the affiliate's lobbyist, Elizabeth Appley worked diligently with a coalition of women's health and advocacy groups throughout the session to see that the bill was passed. However, she says the real work that made this bill a possibility was done during the electoral season, when it was highlighted as a key agenda item by the pro-choice community.

Edelson also gave credit and thanks to state Rep. Nan Orrock and state Sen. Eddie Madden for their outstanding job managing the bill through their respective houses.

Responding to the Senate action, Kay Scott, CEO of PP of Georgia said, "This is a positive step in reducing unintended pregnancy by making the means affordable and accessible. Georgia families, especially those earning little, will be able to make responsible choices about childbearing."

Gov. Roy Barnes (D) is expected to sign the bill. Edelson says she believes they are planning a big signing ceremony for this and several other women's health bills.

Arizona Drops Appeal Of So-Called "Partial Birth" Abortion Ban
"partial birth" abortion ban law. She had pledged during her campaign last year that she would not pursue the fight. According to a report in the Arizona Republic, Napolitano said that, although she had often spoken against the case while she was running for office last year, she had the staff of the attorney general's office conduct a careful review of case law on the subject before making her final decision to drop the appeal. She said her staff assured her there was no chance of winning.

It was declared unconstitutional by a federal district court shortly after it was enacted in 1997. The plaintiffs were the two Arizona Planned Parenthoods and two physicians who provide abortion services in the state. They were represented by PPFA's Planned Parenthood Legal Defense.

Contraceptive Equity Legislation Progresses In California, North Carolina and Washington State, Defeated In Nebraska
Contraceptive equity legislation also is moving in other states. For the third year in a row, a bill has been introduced in the California legislature. In previous years, it passed in the legislature, but was by Gov. Pete Wilson (R). So far this year, AB 39 has been approved by the Assembly Health Committee by a vote of 10-4. The bill would require insurers and health plans to cover contraceptive drugs and devices in the same manner that they cover other prescription drugs and devices.

"We are extremely pleased the Assembly Health Committee voted in favor of this measure, which promotes responsible choices and begins to narrow a long-standing gender gap that exists in prescription insurance coverage," said PP Affiliates of California CEO Kathy Kneer. "Contraception is a basic health care need that is not routinely covered by insurers. We must enable women to make responsible choices about childbearing by increasing access to contraception."

On March 4, the North Carolina Senate voted 44-4 for a bill that also would require insurance programs to cover contraceptive drugs and devices. The bill now goes to the House for consideration.

In Washington State, a Senate-passed bill has been sent to the House for consideration. The House Appropriations Committee already has buried the House version of the bill, but a story in the March 10 edition of the Seattle Times notes that Rep. Bill Grant (D), the Democratic caucus chair feels the Senate version may have a chance of "squeaking" through. It will be heard in the House Health Committee next week.

Meanwhile, in Nebraska, the state's unicameral legislature voted 29-10 on a procedural measure that effectively defeats its contraceptive equity bill. Unlike most other states, more than half the women legislators in Nebraska voted against the measure. The all-male Banking, Commerce and Insurance Committee had angered many earlier when it had voted to defeat the measure minutes after holding a hearing on the bill. A motion was then made to pull the bill from committee. This is the vote that ended consideration of contraceptive equity in Nebraska for this year.

Three Anti-Choice Bills Approved By Texas Senate Committee
The Texas Public Health Committee voted 3-2 to pass three anti-choice bills. One bill would require that the parents of a minor be notified before she could get an abortion. The second would require parental consent before a minor could obtain an abortion. The third bill would require a waiting period before an abortion could be performed on a minor.

So-Called "Partial Birth" Abortion Ban Moves In Minnesota, Missouri and New Mexico
In Minnesota, the House Health and Human Services Policy Committee voted 13-6 for a bill that would ban so-called "partial birth" abortions and sent it to the House Civil Law Committee. The only exception to the ban would be to save a woman's life. Attempts to add an exception to preserve a woman's health was rejected.

The Missouri House approved a ban on so-called "partial birth" abortions by a vote of 123-26. The bill now goes to the Senate, where it is expected to be approved. Gov. Mel Carnahan (D) has repeatedly said he would not sign a bill unless it includes an exception to protect a woman's health.

The New Mexico Senate voted 24-15 to prohibit so-called "partial birth" abortions. This is the first time that either chamber of the New Mexico legislature has approved an abortion ban. The bill was defeated in committee earlier this session, but was brought to the Senate floor by supporters where it was approved. The only exception to the prohibition is if a woman's life is endangered and no other procedure would provide for the fetus to be delivered alive. The bill now goes to the House where a similar bill has been stalled in committee.

Federal Court Overturns Louisiana's So-Called "Partial Birth" Abortion Ban
On March 4, a federal judge in Louisiana overruled the state's ban on so-called "partial birth" abortions. "This act's broad language seems to purposefully create confusion and ambiguity," said District Judge Thomas Porteous, Jr.. "The act's definition of `partial birth abortion' is so broad as to sweep within its proscription virtually all safe pre-viability abortion procedures. Consequently, it prohibits a woman from making the ultimate decision to terminate her pregnancy before viability, and is therefore unconstitutional. A previability ban on abortion is unequivocally unconstitutional." He continued, "Louisiana seeks to limit that right [to abortion], by criminalizing the choice that is not within a woman's control, i.e. which abortion procedure best fits her medical needs," he continued.

The case was brought by the Center for Reproductive Law and Policy for several abortion providers from the state.

Opposition Watch

Asheville, NC Bombing Still Being Investigated
The FBI continues to investigate the bombing at a women's health center in Asheville, NC. Because of its location in northwestern North Carolina, early speculation was that Eric Robert Rudolph may have been responsible, but authorities now say "there is no reason to believe" that Rudolph was involved in this bombing.

The bomb went off outside the Femcare clinic at about 7:30 a.m. on Saturday, March 13. The device was very powerful and the reason it only cause minor damage was because it only partially detonated.

Femcare has been the target of a number of terrorist acts in the past few months. On September 8, an employee who arrive for work discovered an extinguished fire that did minimal damage, in February, it received an anthrax package that proved to be a hoax.

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