鈥楬eartbeat Bills鈥� Give State Lawmakers Pause On Anti-Abortion Tactics
In anticipation of a new anti-abortion tilt on the Supreme Court bench, some states are moving to further restrict the procedure during the first trimester of pregnancy or to outlaw abortion entirely if Roe v. Wade ever falls. But the rush to regulate has exposed division among groups and lawmakers who consider themselves staunch abortion opponents.
On Thursday, Ohio became the latest state to聽. For a long time, Ohio Right to Life supported a more gradual approach to restrict the procedure and deemed what鈥檚 come to be called a 鈥渉eartbeat bill鈥� too radical 鈥� until this year. Restricting abortions after a fetal heartbeat can be detected basically bans the procedure after six weeks of gestation 鈥� before many women know they鈥檙e pregnant.
鈥淲e see the court as being much more favorable to pro-life legislation than it has been in a generation,鈥� spokeswoman Jamieson Gordon said. 鈥淪o we figured this would be a good time to pursue the heartbeat bill as the next step in our incremental approach to end abortion-on-demand.鈥�
The Ohio law contains no exception for pregnancies that are the result of rape or incest; it does have an exception for the life of the mother.
Some say the rush to pass these bills is about lawmakers competing to get their particular state鈥檚 law before the Supreme Court. The state that helps overturn Roe v. Wade would go down in history.
More than 250 bills restricting abortions have been filed in 41 states this year, according to the Guttmacher Institute, a reproductive rights research and advocacy group.
鈥淎fter the appointment of Justice [Brett] Kavanaugh, there really is just an environment in state legislatures to roll back abortion rights. And so we鈥檙e seeing these bans just fly through,鈥� said , who monitors state laws at Guttmacher.
But the speed of passage of some of these laws masks divisions about strategy and commitment to the cause within the anti-abortion movement.
Tennessee Infighting Over 鈥楬eartbeat Bill鈥�
In Tennessee, for instance, there鈥檚 a philosophical split between pragmatists and idealists.
A 鈥渉eartbeat bill鈥� in the state has had high-profile support, including from the Tennessee鈥檚 new governor. But the Republican attorney general such a law would be difficult to defend in court. And several Republicans, swayed by that logic, voted no for the legislation.
鈥淭his is an issue that is extremely important to me. It鈥檚 the reason I got into politics many years ago,鈥� Republican state Rep. Bill Dunn said as the House approved the measure over his objection earlier this year. Dunn has said he wants to stop abortion, but that will require strategy. He pointed out that no heartbeat bill has ever been enforced. And recent laws in Iowa and Kentucky have been immediately blocked in court. The same is expected .
鈥淣o. 1, it鈥檒l probably never save a life if we go by what鈥檚 happened in the past,鈥� Dunn argued on the Tennessee House floor.
But it was money that ultimately stopped the heartbeat bill this year in Tennessee. (It stalled in committee last week, though the state鈥檚 Senate Judiciary Committee agreed to review the bill this summer.)
Senate Speaker Randy McNally, who also opposes abortion, said he has no interest in wasting tax dollars to make a point.
Even worse, in the view of Republicans who voted against the heartbeat bill, the state could end up paying the legal fees for groups that defend abortion.
鈥淭hat is a big concern,鈥� McNally said. 鈥淲e don鈥檛 want to put money in their pockets.
The last time Tennessee had a case that went to the U.S. Supreme Court, it cost roughly $1.9 million. The experience was enough to give a few anti-abortion crusaders some pause. They voted last week with Democrats for a 聽on a heartbeat bill, vowing to study the issue over the summer.
Name-Calling In Oklahoma
Even if it doesn鈥檛 result in a case that upends abortion law, heavily Republican legislatures like Oklahoma鈥檚 want to be ready.
鈥泪蹿 Roe v. Wade ever gets overturned, we won鈥檛 be prepared,鈥� Republican Senate Pro Tempore Greg Treat said while explaining his so-called trigger bill at a committee hearing in February.
Treat鈥檚 legislation,聽, would 鈥渢rigger鈥� a state ban on abortion and make it a felony if Roe were overturned. A handful of states, including Arkansas, Kentucky, Louisiana, Mississippi, North Dakota and South Dakota, already have trigger laws on the books.
Oklahoma has some of the strictest abortion laws in the nation, such as mandatory counseling and a 72-hour waiting period. But the most conservative anti-abortion activists in the state want more immediate action. So they聽 and other self-described 鈥減ro-life鈥� Republicans with protests, billboards and flyers, accusing them of not being anti-abortion enough.
鈥淚鈥檝e been called every name in the book these past few weeks,鈥� Treat said. 鈥淚鈥檝e had my Christianity questioned. I鈥檝e had a member of my own caucus hold a press conference and call me a hypocrite.鈥�
In response, Treat abandoned the trigger bill.
Now he鈥檚 trying something else 鈥� an聽聽that would reinforce that nothing in Oklahoma law 鈥渟ecures or protects鈥� the right to abortion. But that鈥檚 still not anti-abortion enough for some.
鈥淚t鈥檚 going to add on to that legacy that we have of death and just status quo pro-life policy that does nothing,鈥� said Republican state Sen. Joseph Silk.
Not Far Enough In Georgia
In Georgia, a 鈥渉eartbeat bill鈥� passed the legislature, but has paused at Republican Gov. Brian Kemp鈥檚 desk. Supporters of abortion rights , of course, but some anti-abortion activists aren鈥檛 happy either.
鈥淚t really just does not go far enough in the protection of innocent human life,鈥� said Georgia Right to Life executive director Zemmie Fleck. Fleck argued that certain exceptions in his state鈥檚 bill 鈥� for abortions after rape or incest if the woman makes a police report 鈥� weaken it.
Gov. Kemp has until May 12 to sign or veto the measure.
Cost As No Object In Kentucky
The American Civil Liberties Union in Kentucky sued the day after a 鈥渉eartbeat bill鈥� was signed into law by Republican Gov. Matt Bevin. But even during his annual speech to the Kentucky legislature in February, Bevin acknowledged his intent to challenge Roe v. Wade.
鈥淪ome of these will go all the way to the U.S. Supreme Court. But at the end of the day, we will prevail because we stand on the side of right and we stand on the side of life,鈥� Bevin said.
Kentucky has become accustomed to defending abortion restrictions in court. Currently,聽聽for a doctor to perform a common abortion in the second trimester has been suspended indefinitely.
It is unclear how much it costs Kentucky to defend abortion laws that are immediately challenged. In an emailed statement, Bevin administration spokesman Woody Maglinger wrote that the state is using in-house lawyers, and hasn鈥檛 hired outside counsel. He declined to provide a cost estimate on hours spent on these cases.
鈥淚t is impossible to place a price tag on human lives,鈥� Maglinger wrote.
Lisa Gillespie and Marlene Harris-Taylor contributed to this report.
This story is part of a partnership that includes various member stations and Kaiser Health News.