Bismarck Tribune - Bismarck News - Abortion bill that hinges on overturn of Roe v. Wade passes

Abortion bill that hinges on overturn of Roe v. Wade passes

MIKE McCLEARY/Tribune Representative Lawrence Klemin (R-Bismarck) listens to the floor testimony of James Kerzman (D-Mott) before the House members voted on HB 1464 to change the state's definition of abortion to include abortion-inducing prescription drugs on Friday. Klemin and Kerzman voted for the bill which failed 49-39.

Jan 27, 2007 - 03:59:25 CST

By JONATHAN RIVOLI
Bismarck Tribune

The North Dakota House voted Friday to ban almost all abortions in the state in the event that the U.S. Supreme Court overturns Roe v. Wade.

At the same time, House members overwhelmingly defeated a bill to ban all abortions now, which would place North Dakota at the center of a national court fight over the issue.

The first measure, dubbed a "trigger ban" because it would only take effect if triggered by the court's actions, would make it a crime to provide or aid in all abortions, except those to save the life of a mother. House members passed the bill 61-26, with little debate.

In doing so, they went a step farther than in previous sessions, where abortion bans have been proposed but soundly defeated.

"From my perspective, it's a reaffirmation that the House is very pro-life," said House Majority Leader Rick Berg, R-Fargo.

The trigger ban's primary sponsor, Rep. James Kerzman, D-Mott, said he credits the bill's success to the trigger idea, which allowed legislators to vote against abortion without putting North Dakota at the center of a national court challenge.

"I think it's a victory that we got something like this," said Kerzman, who voted for both ban bills.

He said the measure would allow North Dakota to have its preferred abortion policy in place in preparation of a possible overturn of Roe v. Wade, which would hand the abortion question back to the states.

Kerzman's bill now goes to the Senate for consideration.

The second ban bill, which was defeated 69-20, provided no exceptions, allowed for the mother to be prosecuted and banned abortion immediately, a direct contradiction to Roe v. Wade that could have plunged North Dakota into a national court fight.

"That's what I believe we needed to do," said sponsoring Rep. Dan Ruby, R-Minot, who has proposed similar bills during the past two sessions. Ruby said North Dakota should take the steps necessary to become a leader in protecting the life of the unborn.

Rep. Lisa Wolf, D-Minot, voted against the measure, which she called "too restrictive and unconstitutional."

"I would never vote for anything that would take a right away from a female," Wolf said.

The House also defeated two other abortion-related bills on Friday.

The first would have prevented public funds from being used to genetically test for incurable diseases in unborn babies, thus giving parents information that could lead to an abortion. The second would have cleaned up language in the state's existing abortion statutes to account for a drug commonly referred to as "the morning-after pill."

Activists on both sides of the abortion debate viewed Friday's actions with cautious optimism.

"It was a mixed result," said Christopher Dodson, executive director of the anti-abortion North Dakota Catholic Conference.

Dodson said the ban that passed would put North Dakota on record as an anti-abortion state, but that the failure of the language change was a disappointment.

"There is not one part of creating a pro-life society," Dodson said.

Tim Stanley, a lobbyist for Planned Parenthood of Minnesota, North Dakota and South Dakota said the passage of a strict abortion ban, even with a trigger, is dangerous.

"We're thrilled that the North Dakota House of Representatives has decided to protect the health and well-being of women today, but we're dismayed that they have chosen to turn their backs on the women of tomorrow," he said.

Stanley said national money, manpower and advertisements from both sides of the abortion debate could pour into North Dakota if the bill clears the Senate and gets to Gov. John Hoeven's desk.

Don Larson, the governor's spokesman, said Hoeven generally supports abortion bans that make exceptions for rape, incest and the life of the mother. The governor has not taken a position on any of this year's specific abortion bills, Larson said.

The trigger ban bill is HB 1466. The outright ban bill is HB1489.

(Reach reporter Jonathan Rivoli at 223-8482 or e-mail jonathan.rivoli@;bismarcktribune.com.)

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Comments

dodadoda wrote on Feb 7, 2007 12:07 PM:

" Why do these old crusty men believe that their names are tattoed on my or any other woman's uterus in any state? My choice- not some old man. "

Confused wrote on Jan 27, 2007 10:16 PM:

" Why does it seem that those most against abortion are the biggest supporters of the war? "

disgusted dakotan wrote on Jan 27, 2007 10:12 PM:

" It was bad enough when SD brought this up, but now us too?? Much of the country thinks we're backward enough as it is. People (even young American men) are dying everyday; perhaps your energies should be focused on saving their lives, since they have, after all, already been born. Where's the legislature I voted for? "

Kayla wrote on Jan 27, 2007 9:31 PM:

" Roe v. Wade is a saving grace! Why overturn it? If this country decides to overturn that important case, then that will be one step back for us. Back-alley abortions will start taking place again, and the women could get a serious infection or die from it. This is just one right that they are trying to take away from women. Abortions have been around since the dawn of man, and will still be around, no matter what laws are passed. Desperate women will always find a way. Why not make it legal and safer for them? "

Mommy wrote on Jan 27, 2007 7:29 PM:

" excuse me but have you ever seen the beating heart of a baby five to six weeks after conception? I have, I have seen preemies and they live. babies have a right to live! I have seen babies sucking their thumbs on ultrasound too! I have seen them kick and move around inside me. life is such a precious thing, it's a miracle. how can you just end that special little life. I am all for banning abortions! "

Reading comprehension wrote on Jan 27, 2007 6:08 PM:

" "The trigger ban's primary sponsor, Rep. James Kerzman, D-Mott" To My Abortion Rights!:- Not to rain on your stereotyping sad little parade, but the bill was primarily sponsored by a Democrat. Just in case you missed that. "

My Abortion Rights! wrote on Jan 27, 2007 3:03 PM:

" Why do I need this 2007 Legislature to decide for me what are my personal choices? Can you say Right Wing - Bible thumping, Republicans, meddling into other people lives and Constituional Rights? Why are they spending my tax money on this measure when we have, the homeless, living wage, and other poor and middle class subjects to address. 2007 Legislature, get your priorities straight, and do what you were elected to do. WHO did you vote for? Are YOU happy with your decision?" "

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