By Maria Clark, NOLA.com | The Times-Picayune
A Louisiana House committee voted favorably on four anti-abortion bills Wednesday (April 4).
Three of the bills (House bills 287, 273 and 338) are amended versions of three similar proposals that have been tied up in a federal court battle since they were first approved during the 2016 legislative session. House Bill 449, which proposes the Louisiana Department of Health offer information about adoption as an alternative to abortion on their website, was the only new legislation.
Proponents of the bills speaking during Wednesday’s house committee on health and welfare meeting said they hoped the clarified language would make it easier to clear the legislation out of federal court.
The Center for Reproductive Rights filed a lawsuit in July 2016 challenging a total of seven abortion restrictions that were approved in Louisiana that year-- including a bill that tripled the state's mandatory delay for women seeking an abortion from 24 to 72 hours and a ban on a common method of second trimester abortion. The other measures they challenged included:
- a proposal that requires women and their doctors to cremate or bury remains of a fetus after an abortion.
- a ban on abortion in cases of genetic abnormalities.
- a proposal that limits the types of physicians that can offer abortion care.
- a proposal that prohibits any state or local government agency from entering into a funding agreement with an abortion provider or contracting with a third party that contracts with an abortion provider.
- a proposal that would impose a prison term of hard labor for receiving reimbursements for covering expenses for a woman who wants to donate fetal tissue after an abortion. The law specifically excludes those who help women who want to donate fetal tissue after a miscarriage.
Nancy Northup, the president and CEO of the Center for Reproductive Rights said at the time in a statement that, "Louisiana politicians are trying to do what the U.S. Supreme Court just ruled decisively they cannot, burying women's right to safe and legal abortion under an avalanche of unjustified and burdensome restrictions."
Following are details of the bills that moved through the health and welfare committee Wednesday and are now headed to the House floor.
Three of the bills (House bills 287, 273 and 338) are amended versions of three similar proposals that have been tied up in a federal court battle since they were first approved during the 2016 legislative session. House Bill 449, which proposes the Louisiana Department of Health offer information about adoption as an alternative to abortion on their website, was the only new legislation.
Proponents of the bills speaking during Wednesday’s house committee on health and welfare meeting said they hoped the clarified language would make it easier to clear the legislation out of federal court.
The Center for Reproductive Rights filed a lawsuit in July 2016 challenging a total of seven abortion restrictions that were approved in Louisiana that year-- including a bill that tripled the state's mandatory delay for women seeking an abortion from 24 to 72 hours and a ban on a common method of second trimester abortion. The other measures they challenged included:
- a proposal that requires women and their doctors to cremate or bury remains of a fetus after an abortion.
- a ban on abortion in cases of genetic abnormalities.
- a proposal that limits the types of physicians that can offer abortion care.
- a proposal that prohibits any state or local government agency from entering into a funding agreement with an abortion provider or contracting with a third party that contracts with an abortion provider.
- a proposal that would impose a prison term of hard labor for receiving reimbursements for covering expenses for a woman who wants to donate fetal tissue after an abortion. The law specifically excludes those who help women who want to donate fetal tissue after a miscarriage.
Nancy Northup, the president and CEO of the Center for Reproductive Rights said at the time in a statement that, "Louisiana politicians are trying to do what the U.S. Supreme Court just ruled decisively they cannot, burying women's right to safe and legal abortion under an avalanche of unjustified and burdensome restrictions."
Following are details of the bills that moved through the health and welfare committee Wednesday and are now headed to the House floor.
House Bill 273: Burial or cremation of remains
The bill: HB 273
Primary author: Rep. Frank Hoffman
Current law approved in 2016: Providers who perform or induce an abortion which does not result in a live birth have to make sure that the remains of the child are disposed by burial or cremation.
Proposed law: Hoffman’s proposed bill clarifies the language of the original bill, adding an exception for when women take a pill to induce an abortion, which occurs after the appointment with the physician.
House Bill 338: Funding for abortion providers
The bill: HB 338
Author: Rep. Frank Hoffman
Current law approved in 2016: The intention of the original bill, which has also been held up in federal court, was to prohibit state and federal funding from being awarded to organizations that perform abortions or that contract with organizations that perform abortions.
Proposed law approved by committee April 4, 2018: Hoffman explained that the original bill that was approved in 2016 was challenged by Planned Parenthood as well as by a north Louisiana abortion clinic.
“The bill’s intention was not to allow them to receive Medicaid funding, because we don’t want that money to subsidize abortion facilities,” he told the committee.
Elizabeth Murrill, the Louisiana Solicitor General, explained that the new language clarifies “the original intention of the bill and narrows its target.” The concern was that the original legislation could risk the funding of services like police or fire response, since they would be required to respond to facilities that provide abortions.
Author: Rep. Frank Hoffman
Current law approved in 2016: The intention of the original bill, which has also been held up in federal court, was to prohibit state and federal funding from being awarded to organizations that perform abortions or that contract with organizations that perform abortions.
Proposed law approved by committee April 4, 2018: Hoffman explained that the original bill that was approved in 2016 was challenged by Planned Parenthood as well as by a north Louisiana abortion clinic.
“The bill’s intention was not to allow them to receive Medicaid funding, because we don’t want that money to subsidize abortion facilities,” he told the committee.
Elizabeth Murrill, the Louisiana Solicitor General, explained that the new language clarifies “the original intention of the bill and narrows its target.” The concern was that the original legislation could risk the funding of services like police or fire response, since they would be required to respond to facilities that provide abortions.
House Bill 287: Genetic abnormalities
The bill: HB 287
Author: Rep. Rick Edmonds
Current law approved in 2016: Currently, abortion providers in Louisiana are required by law to provide pregnant women who have received a diagnosis of fetal genetic abnormality an informational document that discusses alternatives to abortion and includes information on resources, programs and services for infants and children born with disabilities.
Proposed law: Providers won’t be penalized for not providing the informational booklet to pregnant women with this diagnosis until it is available.
“The amendment only clarifies that there will be no penalty until LDH (Louisiana Department of Health) produces a booklet and information can be given to women about alternative options if they have a baby with genetic abnormalities,” Representative Bernard LeBas clarified.
LeBas asked why the Department of Health had not produced the booklet yet. Nobody from LDH was present during the committee meeting, however a spokesperson for the department later confirmed that the booklet is currently being proofed.
House Bill 449: Adoption options
The bill: HB 449 also called the “Adoption Option Act”
Current law: The Louisiana Department of Health is required to publish an abortion alternatives and informed consent website. Information relating to adoption options however is geared more towards families looking to adopt rather than mothers interested in adoption for their children.
Proposed law: LDH would be required to feature information on their website about adoption agencies that are not affiliated with an abortion provider and offer comprehensive first steps to pregnant women exploring adoption as an alternative to an abortion. Additionally, the proposal requires that a governor-appointed task force be created to help LDH develop printed, web materials and public education initiatives to publicize abortion alternatives.
Reaction: Out of all of the pro-life bills discussed during Wednesday’s health and welfare committee meeting, the “Adoption Option Act” generated the most vocal support from pro-life advocates.
Dorinda Bordlee, the vice-president and senior counsel for the Bioethics Defense Fund, a public-interest legal group that advocates for pro-life causes, spoke about how 25 years ago the Louisiana legislature approved the Women’s Right to Know law.
“They recognized the rights of the state to choose life over abortion… it also talks about the medical risk of abortion to the woman’s health. We believe this information has saved lives,” Bordlee said.
She said, however, that a big gap still exists in the information provided to women considering abortions in Louisiana.
“There is no information for a woman who can take concrete steps to place their child for adoption,” she said.
A representative from Catholic Charities said that currently the LDH website only includes information for families who want to adopt a child and not for women who want to seek out another alternative.
“While there are lots of children in the foster care system, there are a lot of families interested in adopting infants,” she said.
Department of Children and Family Services Secretary Marketa Garner Walters said the agency broke adoption records in fiscal year 2017 with 771 children being adopted in Louisiana.
"We fully support women having access to information and resources to help them seek adoption services," said Michelle Erenberg, the executive director of Lift Louisiana, an advocacy group that supports women's rights to healthcare in Louisiana."That is extremely valuable for women faced with unplanned pregnancy."
However, she said the organization is concerned that the task force created to compile adoption resources and information might push women considering their options to a crisis pregnancy center, nonprofit centers that provide information to women with unwanted pregnancies and have a reputation for steering the women away from abortions.
The language in the bill says the task force would include up to two residents who provide pre-abortion or post-abortion counseling in association with a nonprofit organization that does not counsel for or provide abortion. Additionally, the task force would have up to two attorneys who specialize in advocacy for women at risk of being coerced into abortion.
"The task force is stacked with anti-abortion activists and furthers information about adoption that would steer women to crisis pregnancy centers where we know they are not likely to get the full spectrum of options," Erenberg said. "Our goal is to increase medically accurate information and to increase access to family planning services and care. That's our concern."
Current law: The Louisiana Department of Health is required to publish an abortion alternatives and informed consent website. Information relating to adoption options however is geared more towards families looking to adopt rather than mothers interested in adoption for their children.
Proposed law: LDH would be required to feature information on their website about adoption agencies that are not affiliated with an abortion provider and offer comprehensive first steps to pregnant women exploring adoption as an alternative to an abortion. Additionally, the proposal requires that a governor-appointed task force be created to help LDH develop printed, web materials and public education initiatives to publicize abortion alternatives.
Reaction: Out of all of the pro-life bills discussed during Wednesday’s health and welfare committee meeting, the “Adoption Option Act” generated the most vocal support from pro-life advocates.
Dorinda Bordlee, the vice-president and senior counsel for the Bioethics Defense Fund, a public-interest legal group that advocates for pro-life causes, spoke about how 25 years ago the Louisiana legislature approved the Women’s Right to Know law.
“They recognized the rights of the state to choose life over abortion… it also talks about the medical risk of abortion to the woman’s health. We believe this information has saved lives,” Bordlee said.
She said, however, that a big gap still exists in the information provided to women considering abortions in Louisiana.
“There is no information for a woman who can take concrete steps to place their child for adoption,” she said.
A representative from Catholic Charities said that currently the LDH website only includes information for families who want to adopt a child and not for women who want to seek out another alternative.
“While there are lots of children in the foster care system, there are a lot of families interested in adopting infants,” she said.
Department of Children and Family Services Secretary Marketa Garner Walters said the agency broke adoption records in fiscal year 2017 with 771 children being adopted in Louisiana.
"We fully support women having access to information and resources to help them seek adoption services," said Michelle Erenberg, the executive director of Lift Louisiana, an advocacy group that supports women's rights to healthcare in Louisiana."That is extremely valuable for women faced with unplanned pregnancy."
However, she said the organization is concerned that the task force created to compile adoption resources and information might push women considering their options to a crisis pregnancy center, nonprofit centers that provide information to women with unwanted pregnancies and have a reputation for steering the women away from abortions.
The language in the bill says the task force would include up to two residents who provide pre-abortion or post-abortion counseling in association with a nonprofit organization that does not counsel for or provide abortion. Additionally, the task force would have up to two attorneys who specialize in advocacy for women at risk of being coerced into abortion.
"The task force is stacked with anti-abortion activists and furthers information about adoption that would steer women to crisis pregnancy centers where we know they are not likely to get the full spectrum of options," Erenberg said. "Our goal is to increase medically accurate information and to increase access to family planning services and care. That's our concern."
Legislators may also consider a 15-week abortion ban
Louisiana legislators also may soon consider a proposal that bans abortions after 15 weeks of pregnancy, except in cases of significant medical risk to the mother or to remove a stillborn child.
Louisiana's current law bans abortions at 20 weeks after conception.
The bill (Senate Bill 181), filed Feb. 28 by state Sen. John Milkovich, would keep much of the state's existing abortion laws intact, including a sentence of up to 10 years of hard labor imprisonment and fines ranging between $10,000 to $100,000 for abortion providers. The proposal was read on March 12 and has been referred to the state Senate's Judiciary C Committee.
Louisiana's current law bans abortions at 20 weeks after conception.
The bill (Senate Bill 181), filed Feb. 28 by state Sen. John Milkovich, would keep much of the state's existing abortion laws intact, including a sentence of up to 10 years of hard labor imprisonment and fines ranging between $10,000 to $100,000 for abortion providers. The proposal was read on March 12 and has been referred to the state Senate's Judiciary C Committee.
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