State Abortion Debates Increasingly Center On Fetus

Main Category: Abortion
Article Date: 02 Jul 2010 - 5:00 PDT


States are advancing a growing number of antiabortion-rights bills that seek to recast the debate to "cente[r] directly on the fetus," NPR's "All Things Considered" reports. More than 350 antiabortion measures have been introduced in state legislatures this year, and at least two dozen have passed.

Elizabeth Nash, a public policy associate for the Guttmacher Institute, said, "What we're seeing now is more of an effort to take the woman out of the considerations of the law and really focus on the fetus."

For example, many state laws require women to have an ultrasound or receive information about ultrasounds before an abortion, with some states requiring that doctors describe the image to the woman. Oklahoma this year passed a law (HB 2780) that is "considered the most far-reaching" ultrasound measure in the U.S. The law requires that the doctor performing the ultrasound provide a detailed description of the fetus, including its dimensions and any internal organs. A district court recently issued a temporary injunction against the law. Florida Gov. Charlie Crist (I) vetoed a similar measure last month.

According to Nash, ultrasound laws are unnecessary and invasive. "Really this has nothing to do with making sure a woman sees objective and appropriate information, and everything to do with trying to steer her away from abortion," she said. Gloria Nesmith of Atlanta's Feminist Women's Health Center said that a "vast majority" of women seeking abortions do not want to view an ultrasound or try to detect a fetal heartbeat and that those who do rarely change their minds about ending a pregnancy.

Antiabortion Advocates Look To Change Standards

Nebraska also is "pressing legal boundaries" with a recently passed law (LB 1103) that would ban most abortions after 20 weeks' gestation based on supporters' claims that a fetus can experience pain at that stage, "All Things Considered" reports. Abortion-rights advocates and many scientists argue that there is no evidence that a fetus can feel pain. A legal challenge to the measure is expected later this year, according to "All Things Considered."

Julie Schmit-Albin -- head of Nebraska Right to Life, which lobbied for the measure -- said that advocates across the U.S. are closely watching the situation because the new law "creates another standard" for determining abortion restrictions. States are permitted to ban abortion after viability, which typically is considered to occur between 24 and 26 weeks and is decided by a doctor on an individual basis. Nebraska state Sen. Ken Harr (D) -- one of five legislators to vote against the bill -- said the law is not about fetal pain but "[p]ure emotion." He added that it is "obvious ... that the Right to Life group in Nebraska is trying to outlaw abortion. Period" (Lohr, "All Things Considered," NPR, 6/30).

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