Oklahoma is joining the red-state race to be the first to challenge Roe v Wade at the national level. They will be trying their very own Personhood bill next month. The bill’s language calls for a constitutional amendment language similar to what we have seen in these bills thus far:
With respect to the right to life, the term “persons”, as used in Section 2 of Article II of this Constitution, applies to every human being from the beginning of the biological development of that human being.
But the author of the Oklahoma bill, Rep. Mike Reynolds, has included the following exceptions in this bill, in an attempt to differentiate it from the Kansas legislation and failed Mississippi legislation. In an obvious effort to make it more appealing in a popular vote the proposed amendment contains the following exceptions:
1. Only birth control that kill a person shall be affected by this section.
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2. Only in vitro fertilization and assisted reproduction that kills a person shall be affected by this section.
3. Medical treatment for life-threatening physical conditions intended to preserve life shall not be affected by this section.
4. Spontaneous miscarriages shall not be affected by this section.
In spite of these exceptions, Ryan Kiesel, Executive Director of Oklahoma ACLU wants to point out that the language “from the beginning of the biological development of a unique human being” is still vague enough to make this legislation’s effects just as uncertain as the Mississippi legislation.
Representative Reynolds was interviewed by an Oklahoma news station and stated, “We want to limit what the courts could do with regard to saying its alright to kill an unborn child. We want to make it clear that a woman will not be prosecuted if she has a miscarriage. Also there are exceptions to rape or incest. We’re just trying to protect children.”
His statement is in direct contradiction to what the actual bill language, which states the following:
5. No innocent child created through rape or incest shall be killed for the crime of his or her father.
Representative Reynolds goes on to say, “I didn’t go up to fight the easy battles or not fight any battles, I went up to represent my constituents beliefs and my beliefs.”
Ryan Kiesel has this to say about the legislation, “This is perhaps one of the most extreme assaults on reproductive freedom and on the integrity of women to be able to make decisions about their own lives and their own health care”
In Kansas constitutional amendments must pass with super majorities of two-thirds voting affirmative in both chambers. Oklahoma only requires a simple majority in the House and Senate. This combined with the outlined “exceptions” could, perhaps, give the Oklahoma personhood pushers an advantage over the attempt in Kansas.
Stayed tuned to Rewire for more information on the Midwest “Personhood Push”.
So far this year, legislators have introduced 1,256 provisions relating to sexual and reproductive health and rights. However, states have also enacted 22 measures this year designed to expand access to reproductive health services or protect reproductive rights.
So far this year, legislators have introduced 1,256 provisions relating to sexual and reproductive health and rights. Of these, 35 percent (445 provisions) sought to restrict access to abortion services. By midyear, 17 states had passed 46 new abortion restrictions.
Including these new restrictions, states have adopted 334 abortion restrictions since 2010, constituting 30 percent of all abortion restrictions enacted by states since the U.S. Supreme Court decision in Roe v. Wade in 1973. However, states have also enacted 22 measures this year designed to expand access to reproductive health services or protect reproductive rights.
Signs of Progress
The first half of the year ended on a high note, with the U.S. Supreme Court handing down the most significant abortion decision in a generation. The Court’s ruling in Whole Woman’s Health v. Hellerstedtstruck down abortion restrictions in Texas requiring abortion facilities in the state to convert to the equivalent of ambulatory surgical centers and mandating that abortion providers have admitting privileges at a local hospital; these two restrictions had greatly diminished access to services throughout the state (see Lessons from Texas: Widespread Consequences of Assaults on Abortion Access). Five other states (Michigan, Missouri, Pennsylvania, Tennessee, and Virginia) have similar facility requirements, and the Texas decision makes it less likely that these laws would be able to withstand judicial scrutiny (see Targeted Regulation of Abortion Providers). Nineteen other states have abortion facility requirements that are less onerous than the ones in Texas; the fate of these laws in the wake of the Court’s decision remains unclear.
Ten states in addition to Texas had adopted hospital admitting privileges requirements. The day after handing down the Texas decision, the Court declined to review lower court decisions that have kept such requirements in Mississippi and Wisconsin from going into effect, and Alabama Gov. Robert Bentley (R) announced that he would not enforce the state’s law. As a result of separate litigation, enforcement of admitting privileges requirements in Kansas, Louisiana, and Oklahoma is currently blocked. That leaves admitting privileges in effect in Missouri, North Dakota, Tennessee and Utah; as with facility requirements, the Texas decision will clearly make it harder for these laws to survive if challenged.
More broadly, the Court’s decision clarified the legal standard for evaluating abortion restrictions. In its 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court had said that abortion restrictions could not impose an undue burden on a woman seeking to terminate her pregnancy. In Whole Woman’s Health, the Court stressed the importance of using evidence to evaluate the extent to which an abortion restriction imposes a burden on women, and made clear that a restriction’s burdens cannot outweigh its benefits, an analysis that will give the Texas decision a reach well beyond the specific restrictions at issue in the case.
As important as the Whole Woman’s Health decision is and will be going forward, it is far from the only good news so far this year. Legislators in 19 states introduced a bevy of measures aimed at expanding insurance coverage for contraceptive services. In 13 of these states, the proposed measures seek to bolster the existing federal contraceptive coverage requirement by, for example, requiring coverage of all U.S. Food and Drug Administration approved methods and banning the use of techniques such as medical management and prior authorization, through which insurers may limit coverage. But some proposals go further and plow new ground by mandating coverage of sterilization (generally for both men and women), allowing a woman to obtain an extended supply of her contraceptive method (generally up to 12 months), and/or requiring that insurance cover over-the-counter contraceptive methods. By July 1, both Maryland and Vermont had enacted comprehensive measures, and similar legislation was pending before Illinois Gov. Bruce Rauner (R). And, in early July, Hawaii Gov. David Ige (D) signed a measure into law allowing women to obtain a year’s supply of their contraceptive method.
But the Assault Continues
Even as these positive developments unfolded, the long-standing assault on sexual and reproductive health and rights continued apace. Much of this attention focused on the release a year ago of a string of deceptively edited videos designed to discredit Planned Parenthood. The campaign these videos spawned initially focused on defunding Planned Parenthood and has grown into an effort to defund family planning providers more broadly, especially those who have any connection to abortion services. Since last July, 24 states have moved to restrict eligibility for funding in several ways:
Seventeen states have moved to limit family planning providers’ eligibility for reimbursement under Medicaid, the program that accounts for about three-fourths of all public dollars spent on family planning. In some cases, states have tried to exclude Planned Parenthood entirely from such funding. These attacks have come via both administrative and legislative means. For instance, the Florida legislature included a defunding provision in an omnibus abortion bill passed in March. As the controversy grew, the Centers for Medicare and Medicaid Services, the federal agency that administers Medicaid, sent a letter to state officials reiterating that federal law prohibits them from discriminating against family planning providers because they either offer abortion services or are affiliated with an abortion provider (see CMS Provides New Clarity For Family Planning Under Medicaid). Most of these state attempts have been blocked through legal challenges. However, a funding ban went into effect in Mississippi on July 1, and similar measures are awaiting implementation in three other states.
Fourteen states have moved to restrict family planning funds controlled by the state, with laws enacted in four states. The law in Kansas limits funding to publicly run programs, while the law in Louisiana bars funding to providers who are associated with abortion services. A law enacted in Wisconsin directs the state to apply for federal Title X funding and specifies that if this funding is obtained, it may not be distributed to family planning providers affiliated with abortion services. (In 2015, New Hampshire moved to deny Title X funds to Planned Parenthood affiliates; the state reversed the decision in 2016.) Finally, the budget adopted in Michigan reenacts a provision that bars the allocation of family planning funds to organizations associated with abortion. Notably, however, Virginia Gov. Terry McAuliffe (D) vetoed a similar measure.
Ten states have attempted to bar family planning providers’ eligibility for related funding, including monies for sexually transmitted infection testing and treatment, prevention of interpersonal violence, and prevention of breast and cervical cancer. In three of these states, the bans are the result of legislative action; in Utah, the ban resulted from action by the governor. Such a ban is in effect in North Carolina; the Louisiana measure is set to go into effect in August. Implementation of bans in Ohio and Utah has been blocked as a result of legal action.
The first half of 2016 was also noteworthy for a raft of attempts to ban some or all abortions. These measures fell into four distinct categories:
South Carolina and North Dakota both enacted measures banning abortion at or beyond 20 weeks post-fertilization, which is equivalent to 22 weeks after the woman’s last menstrual period. This brings to 16 the number of states with these laws in effect (see State Policies on Later Abortions).
Indiana and Louisiana adopted provisions banning abortions under specific circumstances. The Louisiana law banned abortions at or after 20 weeks post-fertilization in cases of diagnosed genetic anomaly; the law is slated to go into effect on August 1. Indiana adopted a groundbreaking measure to ban abortion for purposes of race or sex selection, in cases of a genetic anomaly, or because of the fetus’ “color, national origin, or ancestry”; enforcement of the measure is blocked pending the outcome of a legal challenge.
In addition, 14 states (Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, South Carolina, South Dakota, Tennessee and Utah) enacted other types of abortion restrictions during the first half of the year, including measures to impose or extend waiting periods, restrict access to medication abortion, and establish regulations on abortion clinics.
Zohra Ansari-Thomas, Olivia Cappello, and Lizamarie Mohammed all contributed to this analysis.
During an interview Sunday, Retired Army Lt. Gen. Michael Flynn said when asked about his stance on abortion that women "are the ones that have to make the decision because they’re the ones that are going to decide to bring up that child or not.”
Retired Army Lt. Gen. Michael Flynn, an adviser to Donald Trump who is also rumored to be a contender to join the presumptive Republican nominee’s ticket as vice president, said that women should “be able to choose” abortion during an interview on Sunday before backpedaling the next day.
“I think women have to be able to choose,” Flynn—a registered Democrat who is being vetted as a vice presidential contender, according to NBC News—said during an interview on ABC’s This Week when asked about his stance on abortion by Martha Raddatz. “They are the ones that have to make the decision because they’re the ones that are going to decide to bring up that child or not.”
In the same interview, Flynn also suggested that marriage equality was something “people [do] in their private lives.”
“These are not big issues that our country is dealing with that will cause our country to collapse,” Flynn went on, adding that he is “more concerned that our country could collapse because we are not dealing with education issues, immigration issues.”
Marjorie Dannenfelser, president of the national anti-abortion group Susan B. Anthony List, swiftly condemned the retired general, claiming Flynn’s comments had “disqualified himself from consideration as Vice President” in a Sunday statement, according toUSA Today. “His pro-abortion position is unacceptable and would undermine the pro-life policy commitments that Mr. Trump has made throughout the campaign.”
The next day, Flynn walked back his seemingsupport for abortion rights, telling Fox News that he is in fact a “pro-life Democrat.”
“This pro-choice issue is a legal issue that should be decided by the courts. I believe in law. If people want to change the law, they should vote so that we can appoint pro-life judges. I believe the law should be changed,” Flynn told the network on Monday, referring to Roe v. Wade.
Flynn’s comments on ABC had given the retired general sizable distance from the Republican Party’s stance on abortion. The party’s platform in 2012 was stringently anti-choice, calling for a “human life amendment to the Constitution,” or a so-called personhood amendment, which could criminalize abortion and ban many forms of contraception. Though Trump has previously claimed he would change the party’s platform to include exceptions on abortion bans, CNN’s Tal Kopan reported Monday that the 2016 platform draft shared with the outlet “does not include language about such exceptions” and “does not diverge strongly … from the 2012 position on abortion, saying that unborn children are protected by the Constitution and decrying abortion.”
Trump is expected to announce his pick for vice president ahead of next week’s Republican National Convention in Cleveland, Ohio.