News Abortion

Utah Legislator Pushes for Sex-Selective Abortion Ban

Robin Marty

A national attempt to ban abortions that are sought solely because of the gender of the fetus may not have succeeded, but one Utah legislator believes it might be worth investigating to see if the state needs its own bill to address the alleged problem. Via The Daily Herald:

A national attempt to ban abortions that are sought solely because of the sex of the fetus may not have succeeded, but one Utah legislator believes it might be worth investigating to see if the state needs its own bill to address the alleged problem.

Via The Daily Herald:

Sen. Margaret Dayton, R-Orem, is looking at an idea to legislate a ban on gender-related abortions in Utah.

The only female Republican in the state Senate has opened a bill file to investigate if there is a need for a law in Utah that would penalize those participating in an abortion that was based on the sex of an unborn baby.

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“Several states have strengthened their pro-life legislation by disallowing for abortions that are wanted just for gender preference. I want to review what other states are doing and see if that would enhance Utah’s laws,” Dayton said.

Dayton clarified that there was no language for a bill yet and that her move to open a bill file was to begin the discovery process on the subject.

Should Dayton draft a bill after her investigation, it would not likely be introduced until January of 2013.

News Abortion

Indiana Republicans Push Abortion Ban for Fetal Anomalies

Teddy Wilson

Gov. Mike Pence (R) in July directed the Indiana State Department of Health to investigate Planned Parenthood-affiliated reproductive health-care clinics in the state, and the investigation concluded that the organization was in compliance with the state’s fetal tissue regulations.

A bill to ban abortion due to the sex or diagnosed disability of a fetus is making its way through the Indiana legislature after a similar bill failed in 2015. This year’s version includes a provision targeting fetal tissue donation.

SB 313, sponsored by state Sen. Travis Holdman (R-Markle), bans physicians from performing an abortion if the physician “knows that the pregnant woman is seeking the abortion solely because of: (1) the race, color, national origin, ancestry, or sex of the fetus; or (2) a diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability.”

The proposal would require physicians to provide information about perinatal hospice care to a pregnant person who is considering an abortion because the fetus has been diagnosed with a lethal anomaly.

There is no documentation that sex-selection abortions are a widespread problem in the United States. Proponents of the bans often justify them by using cultural stereotypes that target immigrant women of color.

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Disability advocates say these types of anti-choice measures, introduced in several states in recent years, often promote false stereotypes of people with disabilities and their families.

Holdman, who introduced a similar bill in 2015 that failed to pass the GOP-held legislature, told the Indianapolis Star that SB 313 “sends one clear message to the nation and to our fellow Hoosiers and that is that we value human life.”

The main change to this year’s version of the bill is that it prohibits a person from acquiring, receiving, selling, or transferring fetal tissue, and makes it a Level 5 felony to transfer and collect fetal tissue. A Level 5 felony conviction carries a penalty between one and six years in prison, and a fine of up to $10,000. It’s already a federal crime to sell fetal tissue for profit. Donation or transfer of fetal tissue for research or transplantation is legal under federal law.

The bill provides an exemption if the transfer or receipt of fetal tissue was requested “in writing by a biological parent” for the purposes of research or transplantation.

There have been several pieces of legislation introduced in state legislatures this year that have sought to ban the donation of fetal tissue. Republican lawmakers have justified the proposals after heavily edited attack videos created and circulated by an anti-choice front group claimed Planned Parenthood was illegally selling tissue for profit from aborted fetuses. GOP-led investigations into the health-care organization have turned up no wrongdoing, and the officials from the front group have been indicted on charges related to the videos.

Gov. Mike Pence (R) in July directed the Indiana State Department of Health to investigate Planned Parenthood-affiliated reproductive health-care clinics in the state, and the investigation concluded that the organization was in compliance with the state’s fetal tissue regulations.

Sue Swayze, vice president of public affairs for Indiana Right to Life, told WXIN that the bill will encourage patients to seek alternatives to abortion care due to a fetal abnormality. “We value life, all types of life, it doesn’t have to be a normal, perfect, healthy child, we value everyone and they are welcome here,” Swayze said.

State Sen. Liz Brown (R-Fort Wayne) claimed during a senate committee hearing that the bill is necessary because doctors are not providing patients with enough information and may be pressuring them into terminating pregnancies.

“What we have found is besides doctors pressuring women to have the abortion, they are not giving them the care and being compassionate in terms of what these women are facing,” Brown said, reported Indiana Public Media.

State Sen. Jean Breaux (D-Indianapolis) told the Indianapolis Star that the bill is motivated by politics and restricting access to reproductive health care. “Abortion remains a deeply personal and sometimes very complex decision that must be left to the woman, her family and her faith,” Breaux said.

Some lawmakers who voted against the anti-choice measure said that it would have a chilling effect on those seeking prenatal care.

“If you and your wife were to go home and say, we don’t want to take that chance that we would have a child born with Down syndrome or some other disability, you couldn’t do that,” state Sen. Greg Taylor (D-Indianapolis) told WXIN.

Judi Morrison, vice president of education and marketing for Planned Parenthood of Indiana and Kentucky, said in a statement that the legislation has implications for Indiana residents facing unexpected and difficult decisions during their pregnancy and violates the trust between pregnant people and their physicians.

“It would force physicians to speculate on a woman’s motives for the decisions she makes about her pregnancy. These are not decisions that should be made by politicians,” Morrison said.

Indiana ranked 23rd in providing services to residents with intellectual and developmental disabilities and their families, according to a 2015 report by United Cerebral Palsy (UCP), an advocacy organization providing support services for children and adults with a spectrum of disabilities.

SB 313 was passed by the GOP-majority state senate this month in a vote of 35 to 14, with four Republicans joining ten Democrats in voting against the bill. The bill has been introduced into the house, where Republicans hold a 71-29 majority.

News Abortion

Washington State GOP Advances ‘Sex-Selective’ Abortion Ban

Nicole Knight Shine

Language in the anti-choice bill doesn't indicate how an abortion provider is to determine the reason the patient has chosen to receive abortion care.

A Republican-backed Washington state bill to criminalize so-called sex-selective abortions passed out of the state senate’s Law and Justice Committee this week in a 4-3 party-line vote.

The bill cites similar policies in countries such as India and China, noting, “The victims of sex-selection abortion are overwhelmingly female.” National research has shown there is no discrepancy between the gender ratios of births by Asian-American women and women of other races in the United States.

Under SB 6612, abortion providers who knowingly perform or attempt to perform an abortion on the basis of gender could face up to five years in prison and/or a $10,000 fine. The crime would be a felony, and a doctor would lose his or her medical license.

Language in the anti-choice bill does not indicate how an abortion provider is to determine the reason the patient has chosen to end a pregnancy. The American Civil Liberties Union (ACLU) and other civil rights groups have described so-called sex-selective abortion bans as legislation with “discriminatory intent.”

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Senate Law and Justice Committee Chairman Mike Padden (R-Spokane Valley), one of the bill’s sponsors, described the legislation as a “very modest step to restrict abortion,” at the committee meeting Wednesday. Lawmakers, he noted, “have an obligation to protect the most vulnerable among us.”

Law and Justice Committee member Sen. Jamie Pedersen (D-Seattle) countered that the bill might violate doctor-patient privacy by requiring physicians to ask whether the gender of the fetus was the reason for the abortion.

Anti-choice advocates often point to a trio of studies that suggest the prevalence of sex-selective abortion among a small number of immigrant women, but the practice is not considered a widespread problem in the United States.

Sen. Ann Rivers (R-La Center), one of the bill’s sponsors, told the Associated Press that other states passed similar bans and she wanted to “have a collegial discussion about it.”

At least 13 states have introduced legislation to outlaw abortions based on sex, race, or genetics, according to the Guttmacher Institute. Arizona prohibits abortions based on gender or race.

The Law and Justice Committee heard public testimony on the legislation on Tuesday. Opponents called SB 6612 a thinly disguised ploy to chip away at safe and legal abortion care.

Rachel Berkson, executive director of NARAL Pro-Choice Washington, said in a statement that the bill is a “disingenuous, inflammatory, and an unenforceable invasion of privacy that would require doctors to act as mind readers and law-enforcement officers instead of caregivers.”

“NARAL opposes any kind of reproductive coercion,” she said. “But bans on sex-selective abortions do nothing to address the gender inequalities that impact women and girls in our state, including gender pay inequity, lack of workplace protections for pregnant women, and barriers to access for women seeking contraception and basic reproductive health care.”

SB 6612 now moves to the Republican-dominated Senate Rules Committee, a senate staffer told Rewire. The Rules Committee is made up of 12 Republicans and nine Democrats. The next step would be the full state senate, which is equally represented by Republicans and Democrats.