Reproductive Rights Updates: AK, WI, IL, GA, MI, AZ, & Fed

Here's some more of All The News You Can Use...to bang your head against your desk.

In Alaska, the state's Senate Minority Leader, John Coghill (R-North Pole) has intro'd mandatory ultrasound legislation. Wait. North Pole? That's cool, in a "don't write that every day" sort of way. But I digress! Sen. Coghill thinks this is a matter of "informed consent". He so graciously explains:

"I think if people understood a little bit more about what's going on in the womb, they might reconsider (an abortion)," he said.

"The choice is the female's, and I respect that as much as I can respect it," he said, "but I'm also trying to bring as much respect for what a pregnancy really is."

Because "a female" just doesn't know anything about "what a pregnancy really is", amirite?

***

In Wisconsin, there was, apparently, a "contentious" debate in the state senate yesterday when a public hearing was held regarding legislation that is supposed to ensure that a woman is definitely not being forced to have an abortion and also addresses women being able to obtain mifepristone via web.

Under current Wisconsin law, abortion providers must inform women seeking them of the risks, and then the woman must give voluntary written consent. Republican Rep. Michelle Litjens wants to add provisions. She told the Assembly Health committee of her alarm when she heard a Milwaukee radio station air a 911 call.

“There was a young girl about 13 or 14 who was being escorted into an abortion clinic a few months ago. She didn’t want to go inside and there were some people outside the clinic who were trying to help her so they called 911 and the police said there was nothing they could do. She was going inside with a guardian, and they could not help the girl and it’s frightening to hear. This bill requires the physician to inform the woman that she has the right to refuse an abortion, that her consent is not voluntary if someone is coercing her and that it’s unlawful for the physician to perform the procedure if it’s not voluntary,” Litjens says.

Litjens says her bill would require the physician to question the patient in private and have her sign a voluntary consent form without anyone else present.

Ok there are two issues with this. First one is brought up--and smacked down--by Rep Sandy Pasch (D-Whitefish Bay). Rep Pasch is also a nurse, btw:

"Let me tell you what the components of informed consent are, that there’s a voluntariness, that’s essential as part of it, that’s already in the informed consent process, that information is provided to the patient and the information needs to be the risks and benefits of the procedure that they’re requesting, the risks and benefits of alternative procedures and the risks and benefits of doing nothing which in this case would be allowing a pregnancy, so which part of that do you think needs to be strengthened?” Pasch asks.

Litjens: “I would like to strengthen it so that that woman is asked those questions or told that information in a room where she doesn’t feel pressured at all. I would like that young girl who was forced to enter an abortion clinic in Milwaukee to have the opportunity to say no."

Pasch: “If the physician doesn’t do it, there could be a felony charge. Who’s going to monitor that physician if they’re all alone in the room?”

Litjens: “ I would assume that the woman’s going to monitor the physician to make sure it’s done because that would give her the opportunity if she’s being coerced by a boyfriend, by a parent, by an abusive stepfather or something of that nature."

Which brings us to the next issue. I see Rep Litjens is all about calling a minor a woman in this aspect. She is all about the rights of a minor to not have to have an abortion if she does not want one. The right to choose "no, it's not what I want". However, in Wisconsin, minors cannot obtain an abortion without the consent of a parent.

So. Wisconsin: no abortion if you're under 18 without parental consent; no parental "interference" if a minor does not want an abortion. Not that I'm saying anyone should have to have an abortion if they do not want one. The point is no one should be forced into a choice they do not want to make by another person--including a parent stopping an abortion.

The other aspect is regarding the ability of a woman to be prescribed mifepristone (RU-486) via web by a doctor when one is not present in office to otherwise do so (a woman still has to come to clinic to access the consult). This is not currently available in Wisconsin but the WI "right to life" groups want to try and head it off before it can be available.

Nothing was decided on the legislation yesterday, except that more discussion is needed.

***

In Illinois, the state is jumping on the mandatory ultrasound bandwagon:

According to Illinois House bill 786, the Ultrasound Opportunity Act, women electing to have abortions will be subject to undergo an invasive sonogram, listen while a technician or the doctor verbally describes in detail what is shown in the sonogram and wait a 24-hour period before receiving the procedure.

The "Ultrasound Opportunity Act"? Really? I bet one of these days some state is going to call it the "Pre-Born Citizen Photo Op Act".

***
We have a theme for the next three states. SPOILER: It's not a fun theme.

In Georgia, Rep. Doug McKillip (R-Eprehensible) has intro'd legislation to ban abortion after 20 weeks gestation. Abortion after then would only be allowed if the person would die otherwise. The bill has not yet gone anywhere.

In Michigan, Rep. Eileen Kowall (R-Idiculous) has intro'd legislation to ban abortion after 20 weeks gestation. Abortion would only be allowed if the person would die otherwise. This bill has a name: "Pain-Capable Unborn Child Protection Act". It also says that any doctor who does an abortion after the 20th week would face felony charges and up to 15 years in prison.

In Arizona, Rep. Kimberly Yee (R-Epugnant) has intro'd legislation to ban abortion after 20 weeks gestation. Abortion would only be allowed if the person would die otherwise. This bill also includes mandatory ultrasound 24 hours beforehand, posting signs in clinics saying that no one can force anyone else to have an abortion, and:

[It] would require the health department to provide a web site that provides a range of information, including alternatives to abortion, medical risks and descriptions of fetuses.

The descriptions would include "pictures or drawings representing the development of unborn children at two-week gestational increments and any relevant information on the possibility of the unborn child's survival."

Because none of that information is available anywhere else!

Anyway, every one of these 20-week gestation bans is based on the idea of "fetal pain", which has been debunked. But who cares about science, amirite?!

***

Just a quick note about federal legislation news with regards to the manufactured controversy over the Affordable Care Act covering birth control. MoJo helpfully points out (emphasis mine):

[T]he central mandate—that most employers have to cover preventative care for women—has been law for over a decade. This point has been completely lost in the current controversy, as Republican presidential candidates and social conservatives claim that Obama has launched a war on religious liberty and the Catholic Church.

Obama's additions to the current law now require business with less than 15 employees have to follow it and no co-pays for anyone.

Reproductive Rights Updates: KS, TX, PA, VA, NB, MS, TN, FL, National

Are you ready for, well, a lot of depressing and infuriating news? Because I have it. A lot of it.

Always leading the pack in taking away autonomy from people, the state of Kansas is up first:

Kansas lawmakers have been given six days to consider one of the most sweeping state anti-abortion bills to be introduced.

A Kansas House committee is scheduled to take up a bill Wednesday that would exempt doctors from malpractice suits if they withheld medical information to prevent an abortion. The measure would also take away tax credits for abortion providers, remove tax deductions for the purchase of abortion-related insurance coverage and require women to hear the fetal heartbeat. The bill includes several provisions, which passed in other states and now face federal lawsuits. The bill would also require women be told about potential breast cancer risks from abortions, even though medical experts discount such a connection.

[...]

Among the most contested provisions of the bill is the section that would exempt a doctor from a medical malpractice suit if a woman claims the physician withheld information about potential birth defects to prevent her from having an abortion. In addition, a woman would not be able to sue if she suffers health damage from a pregnancy as a result of information withheld from her to prevent an abortion. A wrongful death suit could still be filed, however, if the mother died.

Oh well gee. Small favors and all that. Even for Kansas this is a hideously appalling, outright hateful piece of legislation. Not being able to sue for malpractice when a doctor refused to disclose that a pregnancy could cause damage--and did? WHAT. Just WHAT.

****

In Texas, Judge Sam Sparks says he "had no choice" but to dismiss a suit against the ultrasound law:

Sparks said his hands were tied by last month's federal appeals court ruling that found the sonogram law to be an appropriate exercise of the state's power to regulate the practice of medicine.

But in his order dismissing the lawsuit by abortion providers, Sparks took issue with the appeals court ruling, saying it "eviscerated" the free speech rights of doctors to support a law that improperly limits a physician's ability to exercise medical judgment.

"The act requires doctors to attempt to discourage their patients from obtaining abortions ... even in cases where the doctors have determined that an abortion is, for any number of reasons, the best medical option," he said in his order.

"This court believes Texas overstepped its legitimate authority when it substituted its medical judgment for that of doctors, and imposed a uniform method of treatment for all patients, rather than allowing physicians to make medically appropriate, case-by-case determinations."

[...]

In Monday's order, Sparks said the law seemed designed to make abortions more difficult to provide and receive, not to inform women about the procedure.

"Informed consent requirements exist to protect the rights of patients and to honor their autonomy, not to provide states with an excuse to impose heavy-handed, paternalistic and impractical restrictions on the practice of medicine," Sparks wrote.

Right the fuck on!

The state reportedly informed clinics that the ultrasound law would start being enforced immediately.

***
In Pennsylvania, the House Health Committee as moved forward Monday with the Orwellian "Women's Right to Know Act", which is a mandatory ultrasound bill:

The Pennsylvania House Health Committee voted yesterday to advance something they’re calling the “Women’s Right to Know Act,” which would allow a woman to take a look at an ultrasound and listen to the fetus’ heartbeat before getting an abortion.

[...]

According to the legislation, the doctor performing the procedure is required to “Position the screen so that the patient is able to view the ultrasound test in its entirety, with a view of her unborn child, while that test is being conducted to determine gestational age,” although, “The patient is not required to view the screen.” Then, two prints of the ultrasound are made. The woman seeking the abortion and the doctor providing the procedure both get a copy. The doctor must tell the woman how old the fetus is and if the heartbeat is normal.

The sonogram is required 24 hours before an abortion, except in cases of rape, incest, emergency or when the pregnancy is less than eight weeks gestation.

***

In Virginia, a couple things. One, a few days ago the senate passed a mandatory sonogram bill, which now goes to the House of Delegates.

Second, that House has passed legislation that cuts off Medicaid funding for abortions.

[The legislation] conforms state policy for Medicaid recipients to a longstanding federal law known as the Hyde Amendment, which forbids government funding for abortions except in cases of rape, incest or the mother’s life.

Virginia is among several states that allow Medicaid to cover abortions, but does so using only state funds.

Democrats said it unfairly singles out low-income women who learn of grossly incapacitating fetal deformities but would have to give birth anyway while wealthier women could terminate their pregnancies under such tragic circumstances.

How much does the GOP hate poor people? SO MUCH. SOOOOOOO MUCH.

***

In Nebraska, they're attempting an administrative run-around to providing funds to Planned Parenthood (see: Ohio, Texas, for other examples).

The bill (LB540) would require the state Department of Health and Human Services to apply for a Medicaid waiver or an amendment to an existing waiver to provide medical assistance for family planning services for low-income residents who earn 185 percent or less of the federal poverty level.

An amendment offered by the Health and Human Services Committee would have provided that no state funds be used to pay for abortions.

Then Lincoln Sen. Tony Fulton dropped another amendment into the mix. Not only could none of the money be spent for abortions, but it could not go to any entity that performs or promotes elective abortions or that affiliates with one that does.

[...]

When asked by Omaha Sen. Brenda Council whether Fulton was targeting Planned Parenthood, he said no, although he understood Planned Parenthood would be the largest organization affected.

"Can you identify any other entity that would fit the description other than Planned Parenthood?" she asked.

"Off the top of my head, I can't," he said.

There could be another one in Omaha, or one that would qualify in the future, he said.

"I think it's problematic that we're singling out an organization, and in many communities, mine included … the only Medicaid providers for low-income women happen to be Planned Parenthood," Council said.

According to Guttmacher, in the state of Nebraska (in 2006) there were this many clinics:

Health department clinics: 0
Community health centers: 1
Planned Parenthood clinics: 5
Hospital outpatient clinics: 8
Other independent clinics: 18

And they provided this many people with contraceptive care (just one--big!--aspect of family planning):

Health department clinics: 0
Community health centers: 1,850
Planned Parenthood clinics: 17,750
Hospital outpatient clinics: 2,500
Other independent clinics: 15,410

Planned Parenthood provided nearly as many clients with care in their five clinics as twenty-seven other clinics combined.

***

In Mississippi, the House there has approved legislation which is called the "Child Protection Act". Besides addressing issues of sexual abuse in schools, it also deals with abortion and minors:

Additionally, House Bill 16 would reaffirm parental consent requirements for minors seeking abortions, and physicians who perform abortions on girls younger than 14 would be required to preserve fetal tissue for DNA to be used in statutory rape or other prosecutorial cases.

"This is a documented problem and this is (another) way to detect abuse," Gipson [Andy, R-Braxton] said.

Gipson said he does not know how much it will cost the state to carry out the effort if it becomes law.

BTW, the state of MS already has pretty much all of these laws on the books.

***

Tennessee, if you recall, voted to defund Planned Parenthood last summer. Last year Shelby County TN was made the news with the fact that they opted to cut off Planned Parenthood and now force the resident poor and un/under-insured to go to a religious group for health care. Well, Planned Parenthood is suing the state:

NASHVILLE, Tenn. — Affiliates of Planned Parenthood are suing the state Health Department to have their funding restored.

Planned Parenthood of Middle and East Tennessee and Planned Parenthood Greater Memphis Region filed the lawsuit Thursday to restore preventive care funding under the HIV Prevention Services and the Syphilis Elimination grant programs.

Planned Parenthood, which also provides abortions, said in a news release that no reason was given for the contracts being terminated in December. It also said no provider was identified as a replacement.

Of course no provider was identified! Because how much does the GOP hate poor people? SOOOOOOO MUCH.

***

In both Florida and national news, today the US House will mark up a bill--that has 78 co-sponsors!--that bans abortion "based on race and sex". Because that's so not a total waste of time and utter bullshit, amirite? How it relates to Florida is that two state congresspeople are attempting to do the same thing:

The United States House of Representatives will today mark up a bill that would outlaw abortions sought because of race or sex.

Late last year, Rep. Trent Franks, R-Ariz. introduced the Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011, which would “prohibit discrimination against the unborn on the basis of sex or race, and for other purposes.”

Florida legislators are moving forward a bill that mimics Frank’s proposal. So far, sponsors have not been able to justify a need for the bill, but rather claim it is an effort to protect Florida from becoming a “safe haven” for race- or sex-based abortions.

Yes. I'm totally sure that's exactly what will happen, Florida. You'll become a snowbird AND abortion tourist mecca. Sure.

The "Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011? WHAT. "Prenatal nondiscrimination"? Really? OFFS. Using Susan B. Anthony and Frederick Douglass as representatives of the sort of people you're "protecting"? I have an idea: how about passing the ERA and not passing onerous voter id laws? Or, here's a wild idea (prepare yourself): how about jobs? Oh, that's right, you have "priorities".

Reproductive Rights Updates: Alabama, Wisconsin, Ohio, Kansas

[Content Note: This post discusses state-sponsored anti-choice measures.]

First up is Alabama where new legislation went into effect Sunday:

New abortion reporting requirements will also go into effect Sunday under a law passed in the final hours of the 2011 regular session by the Alabama Legislature.

The law, sponsored by state Rep. Kerry Rich, R-Albertville, bans abortions from 20 weeks after "probable post-fertilization" ex­cept in cases of medical emergency. Previously, abortion was banned after fetal viability, defined by the U.S. Supreme Court in Roe v. Wade as occurring be­tween the 24th and 28th weeks of pregnancy.

The State Center for Health Statistics said 70 of the 10,280 abortions in Ala­bama in 2010 -- 0.6 percent of the procedures -- took place at the 20th week of gestation or after, the prior definition of abortion.

The ban went into effect in September; the added re­porting requirements go into effect Sunday. Among other changes, physicians who per­form abortions after 20 weeks will be required to list the medical reason for the abortion and whether the method used provided the opportunity to save the fetus.

So along with this new statute, Alabama is getting on the "personhood" train:

Republican State Senator Phil Williams is the sponsor of the Alabama personhood bill SB5 which has been prefiled for the February 2012 Regular Session.

“I personally believe that life begins at conception. I believe the majority of Alabamians also share that belief and I think it's high time that we did more than just talk in the privacy of our own homes about what we believe, but go ahead and act on that. That's why this particular bill is actually being revised. It will be substituted in the form of a constitutional amendment to allow the citizens of Alabama to vote on it," said Williams.

[...]

“The heart of the bill; ‘shall include any human being from the moment of fertilization and implantation into the womb’ is nonsense,” said Tipton [Sean, of American Society for Reproductive Medicine]. “There is no ‘moment’ of conception. It is a process that takes several hours at least. Implantation in the womb occurs at different time, and different place, than conception. So this wording is to say the least, unclear.”

"It's not okay because it's not an anti-abortion bill. It's not what they mean it to be it's ultimately affecting so many women's issues," said Jessica Sasser [volunteer with the National Infertility Association:RESOLVE].

Ms. Sasser, it wouldn't be ok even if it was "just" an anti-abortion bill.

***

In Wisconsin, Planned Parenthood has been shut out of providing or coordinating well woman care for some uninsured people:

Planned Parenthood will no longer be coordinating a local health-care program for uninsured women.

Winnebago County will be taking over outreach and education services for the Wisconsin Well Woman Program in a four-county area that includes Fond du Lac County.

The announcement was made Dec. 23 by Department of Health Services Secretary Dennis Smith. The program had been hanging in limbo since Dec. 1, when Planned Parenthood was contacted by an employee at DHS and told that as of the new year the agency would no longer be facilitating the program for Fond du Lac, Winnebago, Outagamie and Sheboygan counties.

Gov. Scott Walker said the move was made because Planned Parenthood is “too controversial.”

“There are many clinics that are not as controversial as Planned Parenthood, and our goal was to make sure low-income women had access to those sorts of screenings from other providers around the state that don’t carry the controversy you get with Planned Parenthood,” he told reporters.

So! Planned Parenthood is "controversial" to a particular segment of voters, therefore, you & your health department decided uninsured people cannot get necessary care there. I see.


***

In Ohio, anti-autonomy jackasses are celebrating a banner year while looking forward to enacting more measures to reduce women to less-than-persons status:

The anti-abortion movement scored an array of legislative victories in Ohio in 2011, but even after a record year, abortion foes are advocating for tighter restrictions in 2012.

[...]

On Friday, Ohio Attorney General Mike DeWine certified a petition by anti-abortion supporters allowing them to collect signatures for a “personhood” amendment that seeks to bestow fertilized human eggs with full personal rights.

[...]

“Never in the history of the pro-life movement have we had so many legislative measures enacted in one year,” Gonidakis [Mike, president of Ohio Right to Life] said.

New state laws prohibit public hospitals from performing abortions and ban abortion coverage in the insurance plans of local public employees.

Under new rules, the director of the Ohio Department of Health must apply for federal grants to fund abstinence education with the goal of cutting down on unplanned pregnancies. Anti-abortion student groups on college campuses now cannot be denied use of school funds or facilities.

Kasich also signed legislation that makes it harder for minors to get abortions without parental consent, and a law forbidding health insurance plans through the new federal health care law from providing coverage for abortions, except when the woman’s life is at risk or if she is a victim of rape or incest.

Lawmakers also passed a bill outlawing abortions that take place after 20 weeks if a doctor determines the fetus can live outside the womb.

This law was the “highlight” of the year, and imposes some of the most significant restrictions on abortions in decades, said Coudron [Paul, director], with Dayton Right to Life.

[...]

Emboldened by last year’s successes, Ohio Right to Life said it hopes this year to kill funding to Planned Parenthood, appropriate funds to centers that provide pregnant women with counseling and prenatal care and help elect a U.S. president and senator who share their views.

They say their goal is for an anti-abortion U.S. president and Senate to help seat Supreme Court justices who will overturn Roe v. Wade.

Right to Life groups also want state or federal lawmakers to pass a bill that requires pregnant women to either hear or see the fetal heartbeat before having an abortion.

Ohio isn't the only state with pro-forced-pregnancy groups looking forward to pushing for less rights for actual people. Kansas, of course, is another.

***

Kansas, apparently feeling that spending hundreds of thousands of dollars to fight legislation in 2011 wasn't enough, is vowing to pass more legislation that will inevitably cost the state:

Anti-abortion leaders in the Republican-controlled Legislature said they plan to strengthen legal protections for physicians, pharmacists and other health care professionals who don't want to participate in abortions or dispense abortion-inducing drugs. They hope to prevent even indirect taxpayer support for abortions and to add new requirements to a law spelling out what information doctors must provide to women seeking abortions.

[...]

...[L]eading anti-abortion legislators and Kansans for Life, the group with the most visible presence at the Statehouse, want to concentrate on proposals that are far more likely to pass and making measurable gains that stand."This is like a good ground game in football," said Mary Kay Culp, executive director of Kansans for Life, discussing its strategy of pursuing incremental legislative gains. "I don't believe that we have finished fleshing out every law that we can that is currently constitutional."

Chip, chip, chip. Anyone who dares to proclaim the tired ass phrase "But Roe!!!", needs to read that right there. Anyway:

Just as in 2011, Brownback, a Republican abortion opponent, doesn't plant to propose any legislation, preferring to concentrate on fiscal issues, but he'll sign anti-abortion measures that reach his desk, spokeswoman Sherriene Jones-Sontag said.

[...]

House Judiciary Committee Chairman Lance Kinzer, an Olathe Republican, said he and fellow abortion opponents will push for a proposed "conscience" act to supplement a law saying no person can be required to participate in an abortion. Previous versions declared that health care professionals can't be punished by their employers for refusing to participate in abortions or dispensing abortion-inducing drugs and "artificial" birth control.

[...]

Kinzer also is promoting legislation to add to the state's general ban on taxpayer funded abortion by declaring that companies or groups can't get tax credits or deductions against abortion-related expenditures. [...]

Pilcher-Cook [Mary, Senator R-Shawnee] said she also wants to make sure that doctors give women seeking abortions a detailed description of each potential abortion procedure, including "what it does to the unborn child."

Oh 2012. You look so much like 2011.