Heartbeat bill

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A six-week abortion ban, also called a "fetal heartbeat bill" by proponents, is a law in the United States which makes abortion illegal as early as six weeks gestational age (two weeks after a woman's first missed period), which is when proponents claim that a "fetal heartbeat" can be detected. [1] [2] [3] Medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, say that the reference to a fetal heartbeat is medically inaccurate and misleading, [4] [5] [6] [7] [8] [9] for a conceptus is not called a fetus until eight weeks after fertilization, as well as that at four weeks after fertilization, the embryo has no heart, only a group of cells which will become a heart. [10] [11] [12] [13] [14] Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed. [14]

Contents

Janet Porter, an anti-abortion activist from Ohio, is considered to be the person that first authored this type of legislation. [15] Efforts to introduce her model law succeeded in passing through political branches of government in about a dozen states but in most cases the courts struck down or blocked similar legislation; however, the Texas Heartbeat Act and analogues subsequently adopted in other states succeeded due to a unique enforcement mechanism that makes challenging the law extremely difficult, and which was upheld by the Supreme Court. In some states, the heartbeat bills' effect (whether blocked or not) has been minimized by more stringent total abortion bans that were announced following the decision in Dobbs v. Jackson Women's Health Organization ; in other states, such as Ohio, [16] South Carolina and Tennessee, judges lifted the injunctions against the previously passed laws.

Porter's anti-abortion group argues that a heartbeat "is the universally recognized indicator of life". [17] Reproductive rights advocates, on the other hand, say that these bans are de facto complete abortion bans, since many women do not even know that they are pregnant six weeks after their last menstruation, which is on average (with a regular cycle) four weeks post-fertilization and three weeks post-implantation. [1] [10] [18]

Background

The heartbeat bills are based on model legislation created by Faith2Action, a conservative Christian ministry from Ohio advocating for abortion restrictions. Its founder and leader, Janet Porter, said that she was frustrated by what she saw was slow progress in banning pregnancy termination around the United States. [17] [15] The activist thus authored the Ohio House Bill 493 in 2011, and arranged for heart-shaped balloons and fetuses' "testimony" in the legislature, but the bill failed to get out of the Senate because the lawmakers feared the bill was unconstitutional. [15] Her efforts were not considered mainstream at the time, and the Ohio Right to Life, an anti-abortion group which previously employed Porter, opposed such legislation. [19] While that proposal failed, a flurry of copycat legislation was proposed in several other states, which has not abated since then. [15]

In 2013, North Dakota became the first state to pass legislation banning abortions after six weeks. In 2015, the law was ruled unconstitutional under the precedent set by the U.S. Supreme Court decision Roe v. Wade (1973). Eleven states have proposed bills for six-week abortion bans since 2018; since 2019, such bills have passed including bills in Ohio, Georgia, Louisiana, Missouri, Alabama, Kentucky, South Carolina, and Texas, most of which lie either partly or entirely in the Bible Belt. Utah and Arkansas voted to limit the procedure to the middle of the second trimester. As of June 2021, [20] except for the Texas bill, none of the laws were in effect due to court intervention. [21] [22] The Guttmacher Institute writes that "state policymakers are testing the limits of what the new U.S. Supreme Court majority might allow and laying the groundwork for a day when federal constitutional protections for abortion are weakened or eliminated entirely." [20] Texas has taken a novel approach in their wording of the legislation; rather than have the government enforce the law, private citizens are to be allowed to sue the provider or anyone that helps the woman to get an abortion. The Texas Tribune writes that "supporters of the bill hope this novel provision will trip up legal challenges to the legislation, as without state officials enforcing the ban, there will be nobody for pro-women's rights groups to sue." [23]

Timing

Because the start of pregnancy is measured from the date of a woman's last menstruation (generally about two weeks before conception), six weeks into a pregnancy equals four weeks of embryonic development, and only two weeks after a woman's first missed period, when many women are unaware that they are pregnant. [11] [24] [25] Most women who have an abortion do so after six weeks' gestation. [26] Reproductive rights advocates contend that because of these and other reasons, the "fetal heartbeat" bills are de facto bans on abortion. [27] [18]

Terminology

While some of these laws ban abortions after six weeks of pregnancy and are called "fetal heartbeat" laws by their proponents who claim that a fetal heartbeat can be detected at six weeks, doctors have said that the term "fetal heartbeat" at that stage is false and intentionally misleading. [10] [11] [12] [13] [14] A conceptus is not called a fetus until after ten weeks of pregnancy. [10] [11] [12] [13] [14] Additionally, since at six weeks the embryo has no heart – only a group of cells which will become a heart – calling it a heartbeat is also misleading. [10] [11] [12] [13] [14] The heart will only have formed enough to be able to hear a real fetal heartbeat by 17–20 weeks of gestation. [10] [11] [12] [13] [14]

Jennifer Keats, an OB-GYN at University of California, San Francisco, stated that the embryo's cardiovascular system at six weeks is "very immature". Keats described the cardiac activity as "a group of cells with electrical activity. That's what the heartbeat is at that stage of gestation... We are in no way talking about any kind of cardiovascular system." [10]

Ted Anderson, formerly president of the American College of Obstetricians and Gynecologists (ACOG), said that "ACOG does not use the term 'heartbeat' to describe these legislative bans on abortion because it is misleading language, out of step with the anatomical and clinical realities of that stage of pregnancy." and "Pregnancy and fetal development are a continuum; What's interpreted as a heartbeat in these bills is actually electrically induced flickering of a portion of fetal tissue that will become the heart as the embryo develops." [12] [1]

"The flickering that we're seeing on the ultrasound that early in the development of the pregnancy is actually electrical activity, and the sound that you 'hear' is actually manufactured by the ultrasound machine." - Nisha Verma, an OB-GYN who specializes in abortion care [13]

Controversy exists surrounding six-week abortion bans in part because there is debate on the point at which an embryo heartbeat can be detected. In 2013, when the Wyoming House of Representatives considered a "heartbeat bill", Norine Kasperik said that "she heard different answers [as] to when a heartbeat is detectable", and in her view "there seemed to be variation by medical equipment used". Mary Throne asked: "Is this abortion illegal at 22 days with a highly invasive ultrasound or is it illegal at 9 weeks when we hear a heartbeat with a stethoscope?" [28] Other critics of the bills have claimed that they ignore that not all embryos' heartbeats become detectable at the same time, even when measured using the same methods. [29]

The Center for Reproductive Rights has stated that there is some inconsistency with regard to these laws; specifically, the Arkansas law requires providers to use an abdominal ultrasound to attempt to detect a fetal heartbeat, while the North Dakota law allows the use of any available technology, including a transvaginal probe, which makes it possible to detect a fetal heartbeat earlier than an abdominal ultrasound can. [30] With specific regard to the North Dakota law, detecting an embryo's heartbeat at six weeks into a pregnancy requires the use of a transvaginal ultrasound, which some members of the abortion-rights movement say is unnecessarily invasive. [31]

Controversy

Protest against the Heartbeat bill in Columbus, Ohio on December 4, 2018 Pro-Choice Rally IMG 7215 (45459273624).jpg
Protest against the Heartbeat bill in Columbus, Ohio on December 4, 2018

Pregnancy from rape

In the United States, it is estimated that there are 25–32 thousand pregnancies from rape per year in adult women, although the number may be considerably higher, since many women do not report rape. Many victims receive little to no aftercare, and most experience various forms of post-traumatic stress disorder (PTSD). A third of these pregnancies are not discovered until the second trimester. Any delay in detection reduces women's options, especially outside major urban centers. However, this is complicated by the fact that, when they are called on to decide whether to have an abortion, many women are still physically and mentally recovering from being raped (and will continue to for an extended period of time). [32]

Most women do not report sexual assault, and often it is hard to bring an assault case to trial. Teenage girls are especially unlikely to report assault, even though 74% of women who had intercourse before age 14 and 60% of those who had sex before age 15 report having had a forced sexual experience.[ citation needed ] One study conducted in the 1970s that looked at California data found that "on average, only 413 men were arrested annually for statutory rape in California, even though 50,000 pregnancies occurred among underage women in 1976 alone". [33] [ outdated statistic ]

Alabama's "heartbeat bill", passed in 2019, makes abortions illegal even in cases of rape and incest. Furthermore, it requires that judges terminate the parental rights of a man convicted of first-degree rape or certain other sex crimes, leaving a loophole that allows rapists to seek custody of a child conceived as the result of their assault. However, because the law requires a conviction, activists say that since most sexual assaults are never reported, much less produce a finding of guilt in court, many victims are left vulnerable. Activists fear that a victim could find herself in a situation where she would be forced to bear a child of rape and then be forced to co-parent the child with her rapist. [34] Responding to criticism of the Texas "heartbeat bill", which also does not exempt from its provisions women and girls who have been raped, Governor Greg Abbott asserts that the Act will not force a woman who has been raped to carry a pregnancy to term because the state will "work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets." [35]

Constitutionality

Critics of six-week abortion bans say that, since Roe v. Wade established that states must allow abortion until the point of viability (between 24 and 28 weeks into the pregnancy), such bills "blatantly contradict" Supreme Court precedent. The 2013 North Dakota law banning abortions after six weeks was ruled in District Court to be "clearly invalid and unconstitutional based on the United States Supreme Court precedent in Roe v. Wade." [36]

Proponents of six-week abortion bans contend that the constitutional precedent of Roe v. Wade should be re-examined in light of advancements in law and science. Ohio governor Mike DeWine argued that the main purposes of the bills are to "protect the most vulnerable among us, those who don't have a voice" and that the "government's role should be to protect life from the beginning to the end." [37]

"Informed consent" laws

A related though distinct type of law is that introduced at the state level in all 50 states in the US in October 2011, which would require any woman seeking an abortion to see and hear their conceptus's heartbeat. Supporters included the United States Conference of Catholic Bishops, Americans United for Life, and the Susan B. Anthony List. [38] Another such bill was introduced in Texas. A similar type of legislation, the Heartbeat Informed Consent Act, was introduced at the national level around the same time by Michele Bachmann; however, it died in committee. [39] Another law of this variety, introduced by Sharon Weston Broome, was passed by legislators in Louisiana in 2012, as an amendment to a 2010 bill requiring women seeking an abortion to receive an ultrasound of their conceptus. [40] Similar laws have been passed in states such as Georgia in 2005; [41] and a law that mandated both an ultrasound of the "unborn child" and listening to its heartbeat before an abortion could be procured was laid on the table in 2012 in Pennsylvania. [42] This last bill became controversial when Tom Corbett, Pennsylvania's governor, stated that "You just have to close your eyes" and dismissed accusations that the bill would be unnecessarily obtrusive. [43] Furthermore, while the anti-abortion movement claims that bills mandating a woman listen to her conceptus' heartbeat would increase the likelihood of them changing their mind, the abortion-rights community, with the support of the Pennsylvania Medical Society, opposes "informed-consent" bills because they threaten to, if passed, "significantly jeopardize the open dialogue within the physician-patient relationship." [44]

"Informed consent" laws requiring women seeking abortions to have the physician play a recording of her conceptus' heartbeat have met with challenges in court, notably in Texas, when the CRR filed a lawsuit against it, leading to a court case entitled Texas Medical Providers Performing Abortion Services v. Lakey. Prior to Sam Sparks condemning the law in January 2012, however, a federal district court had ruled that the law violated the First Amendment in August 2011. This decision was reversed by the United States Court of Appeals for the Fifth Circuit, led by Edith Jones. Another similar law was challenged in North Carolina in Stuart v. Huff, in which a federal district court ruled that the law was in violation of the First Amendment. This case, unlike the one in Texas, has not yet been appealed. [45] This has led to some debate among different anti-abortion groups regarding strategy; specifically, while some of these groups, like the Kansas Coalition for Life, have supported the passing of this legislation, others, like Kansans for Life, are concerned that "enacting a fetal heartbeat ban would prompt a court ruling undoing some limits on abortion and providers." [46] Paul Linton, former general counselor for AUL, has argued that fetal heartbeat laws "have no chance in the courts." He, like most mainstream anti-abortion advocates (including James Bopp), prefers instead a legislative strategy that chips away at Roe v. Wade. [30]

Arkansas

On May 27, 2015, the Eighth Circuit Court of Appeals affirmed a lower court ruling and permanently blocked the law from being enforced. [47] In January 2016, The U.S. Supreme Court declined to review the case, leaving the Eighth Circuit's ruling in place. [48]

Iowa

On May 15, 2018, eleven days after Iowa Governor, Kim Reynolds, signed SF 359 into law, Planned Parenthood of the Heartland, Inc., Jill Meadows, and Emma Goldman Clinic (petitioners) filed a lawsuit seeking declaratory and injunctive relief in state court arguing the fetal heartbeat law violated the Iowa State Constitution. [49] [50] [51] On June 1, 2018, Polk County District Court Judge Michael Huppert entered a preliminary injunction which temporarily blocked the law from going into effect. [52] On January 22, 2019, the county district judge declared the law to be in violation of the Iowa Constitution and entered a permanent injunction prohibiting its enforcement. [53] In holding the law unconstitutional the judge cited the Iowa Supreme Court's 2018 ruling in a challenge to a different abortion-restriction in which the state's court of last resort held that "a woman's right to decide whether to terminate a pregnancy is a fundamental right under the Iowa Constitution." [54] Anti-abortion proponents have said they hope this litigation creates a pathway for Roe v. Wade to be reexamined by the U.S. Supreme Court, but University of Iowa law professor Paul Gowder and other legal experts have said that it is almost impossible that it could end up in front of the U.S. Supreme Court, as the U.S. Supreme Court does not review Supreme Court decisions concerning state constitutional questions. [55]

In response to Judge Michael Huppert's ruling that Iowa's heartbeat abortion ban violates the state Constitution, anti-abortion legislators have filed legislation to amend the state constitution to state "that the Constitution of the State of Iowa does not secure or protect a right to or require the funding of abortion." [56] The resolutions proposing to amend Iowa's constitution are SJR 9 and HJR 5 which were filed on January 24, 2019, and February 6, 2019, respectively. [57] [58]

Kentucky

Kentucky already has three lawsuits over abortion restrictions. [59]

North Dakota

In July 2015, the Eighth Circuit Court of Appeals affirmed a lower court decision blocking HB 1456 from going into effect. [60] The U.S. Supreme Court declined to review the case and the law remains permanently blocked. [61]

South Carolina

In August 2022, the South Carolina Supreme Court temporarily granted an injunction suspending the law until it could make a ruling on the constitutionality of the law. [62] In January 2023, the court overturned the law in a 3–2 split decision, ruling that the 2022 six-week abortion ban violates a woman's right to privacy which is granted by the state constitution. [63]

Texas

There have been multiple lawsuits challenging enforcement of the 2021 Texas Heartbeat Act. Several of these are still pending or active.

State laws

Summary table

StateSessionBillLower houseUpper houseExecutiveStatus
Flag of Alabama.svg  Alabama [lower-alpha 1] 2014HB 490Green check.svg Passed 73–29Dark Red x.svg Died in committee
Dark Red x.svg Failed
2019HB 314Green check.svg Passed 74–3Green check.svg Passed 25–7Green check.svg SignedGreen check.svg Effective June 24, 2022 [64]
Flag of Alaska.svg  Alaska 2019–20HB 302Dark Red x.svg Did not pass
Dark Red x.svg Failed
Flag of Arizona.svg  Arizona 2022HB 2483Green check.svg Passed 31–28Dark Red x.svg Died in committee
Dark Red x.svg Failed
Flag of Arkansas.svg  Arkansas [lower-alpha 1] 2013SB 134Green check.svg Passed 68–20Green check.svg Passed 26–8Dark Red x.svg VetoedGreen check.svg Effective [65]
Green check.svg Overrode 56–33Green check.svg Overrode 20–14Green check.svg Overridden
2021HB 1012Dark Red x.svg Died in committee
Dark Red x.svg Failed
2022HB 1118Dark Red x.svg Died in committee
Dark Red x.svg Failed
Flag of Florida.svg  Florida 2019HB 235Dark Red x.svg Died in committee
Dark Red x.svg Failed
SB 792
Dark Red x.svg Died in committee
Dark Red x.svg Failed
2022HB 167Dark Red x.svg Died in committee
Dark Red x.svg Failed
Flag of Georgia (U.S. state).svg  Georgia 2019–20 HB 481 Green check.svg Passed 92–78Green check.svg Passed 34–18Green check.svg SignedGreen check.svg Effective as July 20, 2022 [66]
Flag of Idaho.svg  Idaho 2021HB 366Green check.svg Passed 53–16Green check.svg Passed 25–7Green check.svg SignedGreen check.svg Effective, de facto overridden by SB 1309
2022SB 1309Green check.svg Passed 51–14Green check.svg Passed 28–6Green check.svg SignedGreen check.svg Effective [67]
Flag of Iowa.svg  Iowa 2018SF 359Green check.svg Passed 51–46Green check.svg Passed 29–17Green check.svg SignedTemporarily blocked by state court [68]
Flag of Kentucky.svg  Kentucky [lower-alpha 1] 2019SB 9Green check.svg Passed 71–19Green check.svg Passed 31–6Green check.svg SignedGreen check.svg Effective [69]
Flag of Louisiana.svg  Louisiana [lower-alpha 1] 2019SB 184Green check.svg Passed 79–23Green check.svg Passed 31–5Green check.svg SignedGreen check.svg Effective [70]
Flag of Maryland.svg  Maryland 2019HB 933Dark Red x.svg Did not pass
Dark Red x.svg Failed
HB 978Dark Red x.svg Withdrawn
Dark Red x.svg Failed
Flag of Michigan.svg  Michigan 2019–20HB 4664Dark Red x.svg Did not pass
Dark Red x.svg Failed
2021–22HB 5445Dark Red x.svg Did not pass
Dark Red x.svg Failed
Flag of Minnesota.svg  Minnesota 2019HF 271Dark Red x.svg Did not pass
Dark Red x.svg Failed
SF 869
Dark Red x.svg Did not pass
Dark Red x.svg Failed
Flag of Mississippi.svg  Mississippi 2019SB 2116Green check.svg Passed 78–37Green check.svg Passed 34–14Green check.svg SignedGreen check.svg Effective [71]
Flag of Missouri.svg  Missouri [lower-alpha 1] 2019HB 126Green check.svg Passed 117–39Green check.svg Passed 24–10Green check.svg SignedGreen check.svg Effective [72]
Flag of Nebraska.svg  Nebraska 2022LB 781
N/A (unicameral legislature)
Dark Red x.svg Indefinitely postponed
Dark Red x.svg Failed
Flag of North Carolina.svg  North Carolina 2021–22H 31Dark Red x.svg Died in committee
Dark Red x.svg Failed
Flag of North Dakota.svg  North Dakota 2013HB 1456Green check.svg Passed 63–28Green check.svg Passed 26–17Green check.svg SignedTemporarily blocked by state court [73]
Flag of Ohio.svg  Ohio 2016HB 493Green check.svg Passed 56–39Green check.svg Passed 21–10Dark Red x.svg VetoedDark Red x.svg Failed
2018HB 258Green check.svg Passed 58–35Green check.svg Passed 18–13Dark Red x.svg VetoedDark Red x.svg Failed
Green check.svg Overrode 61–28Dark Red x.svg Failed to override
2019SB 23Green check.svg Passed 56–40Green check.svg Passed 19–13Green check.svg SignedGreen check.svg Effective 24 June 2022 [16]
2023 November 2023 Ohio Issue 1 Ballot initiative, passed 56-44 [74]
Flag of Oklahoma.svg  Oklahoma 2021HB 2441Green check.svg Passed 80–19Green check.svg Passed 37–10Green check.svg SignedTemporarily blocked by state court [75]
2022SB 1503Green check.svg Passed 68–12Green check.svg Passed 33–11Green check.svg SignedGreen check.svg Effective as of May 3, 2022 [76] de facto overridden by a statute criminalizing abortion at all stages of pregnancy (with some exceptions), signed on May 26 [77]
Flag of Pennsylvania.svg  Pennsylvania 2017–18HB 2315Dark Red x.svg Died in committee
Dark Red x.svg Failed
2021–22HB 904Dark Red x.svg Did not pass
Dark Red x.svg Failed
SB 378
Dark Red x.svg Died in committee
Dark Red x.svg Failed
Flag of South Carolina.svg  South Carolina 2019–20H 3020Green check.svg Passed 64–22Dark Red x.svg Did not pass
Dark Red x.svg Failed
2021–22S 1Green check.svg Passed 74–39Green check.svg Passed 30–13Green check.svg SignedDark Red x.svg Struck down by state court [63]
2023–24S 474Green check.svg Passed 82–32Green check.svg Passed 27–19Green check.svg SignedTemporarily blocked by state court [78]
Flag of Tennessee.svg  Tennessee 2019HB 77Green check.svg Passed 65–21Dark Red x.svg Indefinitely postponed
Dark Red x.svg Failed
2020HB 2263Green check.svg Passed 70–20Green check.svg Passed 23–5Green check.svg SignedGreen check.svg Effective June 28, 2022 [79]
Flag of Texas.svg  Texas [lower-alpha 1] 2013HB 59Dark Red x.svg Did not pass
Dark Red x.svg Failed
2019HB 1500Dark Red x.svg Did not pass
Dark Red x.svg Failed
2021SB 8Green check.svg Passed 83–64Green check.svg Passed 18–12Green check.svg SignedGreen check.svg Effective as of October 8, 2021 [80] [81]
Flag of West Virginia.svg  West Virginia [lower-alpha 1] 2019HB 2903Dark Red x.svg Did not pass
Dark Red x.svg Failed
HB 2915Dark Red x.svg Did not pass
Dark Red x.svg Failed
Flag of Wisconsin.svg  Wisconsin [lower-alpha 1] 2022SB 923
Dark Red x.svg Did not pass
Dark Red x.svg Failed
Flag of Wyoming.svg  Wyoming [lower-alpha 1] 2013HB 97Dark Red x.svg Died in committee
Dark Red x.svg Failed
2021HB 0134Dark Red x.svg Died in committee
Dark Red x.svg Failed

Alabama

House Bill 490 prohibiting abortions after a heartbeat can be detected was passed by a vote of 73–29 in the Alabama House on March 4, 2014. In doing so they became the first state to pass such a bill. [82] The bill later died in committee. [83]

In 2019, Alabama passed an abortion law that is more far-reaching than a heartbeat law. [84] On April 2, 2019, House Bill 314 banning abortions at every stage of pregnancy and criminalizing the procedure for doctors (except in the case of medical emergency or lethal fetal anomaly), was introduced into the House. The bill passed the House on April 30 (74–3), [85] passed the Senate on May 14, [86] and was signed into law by Governor Kay Ivey on May 16. [87]

Arkansas

A fetal heartbeat bill, banning abortion after twelve weeks, was passed on January 31, 2013, by the Arkansas Senate, [88] vetoed in Arkansas by Governor Mike Beebe, but, on March 6, 2013, his veto was overridden by the Arkansas House of Representatives. [89] A federal judge issued a temporary injunction against the Arkansas law in May 2013, [90] and in March 2014, it was struck down by federal judge Susan Webber Wright, who described the law as unconstitutional. [91]

Florida

Two fetal heartbeat bills were filed in the Florida Legislature in 2019. [92] Rep. Mike Hill filed a fetal heartbeat bill (HB 235) on January 10, 2019, in the Florida House of Representatives. [93] A companion bill (SB 792), was filed in the Florida Senate on February 6, 2019, by Sen. Dennis Baxley. [94] The bills, which are identical, [95] would have made it a third-degree felony for a doctor to perform an abortion on a woman after a fetal heartbeat is detected, [96] unless the "woman has been diagnosed with a condition that would create a serious risk of substantial and irreversible impairment of a major bodily function if the woman delayed terminating her pregnancy." [97] Both bills died in committee. [93] [98]

Florida Governor Ron DeSantis has pledged to sign legislation that would ban abortions after a fetal heartbeat was detected. [99] [100]

Georgia

Two fetal heartbeat bills were filed in the Georgia General Assembly in 2015.[ citation needed ]

Rep. Ed Setzler introduced HB 481 in the Georgia House of Representatives on February 25, 2019. [101] A similar bill is expected to be filed in the Georgia State Senate by Sen. Bruce Thompson soon. [102] [103] During his campaign for Governor, Brian Kemp, now the Governor of Georgia, "vow[ed] to sign the toughest abortion laws in the country" and when asked about litigation said, "bring it! I'll fight for life at the Capitol and in the courtroom." [104] After being passed in the House on March 7, 2019, HB 481 was passed out of a Senate committee on March 18, 2019. [105] [106] It was subsequently passed by the entire state Senate, after which it was narrowly passed by the House 92–78. [107] The bill was signed by Governor Kemp on May 7, 2019, bringing into effect one of the strictest abortion laws in the country at the time. [108]

The bill would prohibit abortions after a heartbeat can be detected in a conceptus, which is usually when a woman is six weeks pregnant. [24] Democratic opponent of the Georgia bill, former governal candidate Stacey Abrams, called the bill a "forced pregnancy bill." [109]

Idaho

Rep. Gregory Chaney introduced HB 366 on April 13, 2021, that would ban abortions after a fetal heartbeat is detected. The bill passed the house by a vote of 53–16 on April 16, 2021, and the senate on April 21, 2021, by a vote of 25–7 and was later signed into law by Governor Brad Little on April 29, 2021. [110] The law included exceptions for cases of rape, incest, and when the mother's life is in danger. [111] The law goes into effect if another similar ban is upheld by appellate court. [112] [ better source needed ]

Iowa

On May 4, 2018, governor Kim Reynolds signed into law a bill that would ban abortion in Iowa after a fetal heartbeat is detected, starting July 1, 2018. [113] On January 22, 2019, a county district judge declared the law to be in violation of Iowa's State Constitution and entered a permanent injunction prohibiting its enforcement. [53] See the Iowa Lawsuit section of this article under the Legal challenges heading for more details related to the litigation over Iowa's fetal heartbeat bill.

Kansas

The bill was introduced and referred to committee in February 2013. The bill was presented to the Kansas house in March 2013. [114] The bill was known as House Bill 2324, "An act prohibiting an abortion of an unborn human individual with a detectable fetal heartbeat." [115] One outspoken advocate of such bills is Mark Gietzen, who has tried to gather as many signatures as possible in order to get Sam Brownback to convene a special session of Congress in order to consider the bill. [116] Gietzen also advocated for a fetal heartbeat law to be passed during a special session of the Kansas legislature, to be held on September 3, 2013. [117] HB 2324 died in committee in May 2014. [114]

Kentucky

Two bills which seek to prohibit abortions after a fetal heartbeat is detected have been filed in the Kentucky General Assembly in 2019. [118] Sen. Matt Castlen introduced SB 9 in the Kentucky Senate on January 8, 2019. [119] On February 14, 2019, SB 9 passed out of the Kentucky Senate by a 31–6 vote. [120] The bill was received in the House on February 15, 2019. [121] Damon Thayer, the Senate Republican floor leader said SB 9 "absolutely" was a priority for the chamber and said he would be delighted if it became law and ended up before the U.S. Supreme Court as a means to overturn to Roe v. Wade "It would be the pinnacle of my career," he said. [122] On March 14, 2019, the Kentucky House passed SB 9 by a vote of 71–19. [123] As of April 2019, the ACLU filed suit to challenge it and a federal judge blocked enforcement until the final ruling in district court.

A similar bill by Rep. Robert Goforth was introduced in the Kentucky House of Representatives. The bill, HB 100, which was prefiled on December 13, 2018, was referred to the Health and Family Services Committee on January 10, 2019. [124] When asked about the heartbeat bill, Rep. Goforth, who announced his candidacy for Governor of Kentucky on January 8, 2019, the same day the bill was introduced, said he would be pleased if Kentucky or one of the other states considering similar measures enacted such a law and, in the event of court challenge, took the case to the U.S. Supreme Court in an effort to overturn Roe v. Wade. [122]

Previous fetal heartbeat bills filed in Kentucky have failed to pass. A fetal heartbeat bill, HB 132, was introduced on January 7, 2014, by Joseph Fischer. The bill was referred to the House Health and Welfare Committee on March 19, 2014, where the bill died. [125] [126] In 2013, Rep. Fischer introduced the same bill with the same bill number (Hb 132) on January 11, 2013. The bill was referred to the House Health and Welfare Committee on February 20, 2013, where the bill died. [127] [128]

Maryland

Two fetal heartbeat bills have been filed in the Maryland House of Delegates in 2019. On February 8, 2019, Ric Metzgar filed HB 933. [129] On February 8, 2019, Robin L. Grammer, Jr. filed HB 978, a bill entitled "Keep Our Hearts Beating Act." [130]

Minnesota

On January 22, 2019, Tim Miller filed HF 271 in the Minnesota House of Representatives. [131]

Mississippi

In 2018, three heartbeat bills were filed in Mississippi; all of which died in committee. [132] [133] [134] In 2017, three heartbeat bills were filed in Mississippi; all of which died in committee. [135] [136] [137] In 2014, Sen. Joey Fillingane, filed a heartbeat bill in the Mississippi State Senate. [138] The bill died in committee. [139] In 2013, HB 6, was introduced in January and died in committee on February 5, 2013. [140]

Another fetal heartbeat bill filed in 2019, HB 529 by Robert Foster died the House Judiciary A Committee on February 5, 2019. [141]

Three fetal heartbeat bills were filed in the Mississippi Legislature in January 2019. [142] SB 2116, by Sen. Angela Burks Hill was referred to the Public Health and Welfare Committee on January 11, 2019. [143] HB 732, by Rep. Chris Brown was referred to the Public Health and Human Services Committee on January 17, 2019. [144] After passing out of their respective committees on February 5, 2019, [142] both SB 2116 and HB 732, were passed out of the Mississippi Senate and Mississippi House on February 13, 2019. [145] On March 19, 2019, the Senate concurred in the House amendments to SB 2116, [146] and on March 22, 2019, the fetal heartbeat bill was signed into law by Mississippi Governor Phil Bryant. [147]

Missouri

Two fetal heartbeat bills have been filed in Missouri on January 9, 2019. [148] SB 139 was filed in the Missouri Senate by Sen. Andrew Koenig; the bill is pending in the Health and Pensions Committee. [149] HB 126 was filed in the Missouri House of Representatives by Rep. Nick Schroer. [150] On January 30, 2019, HB 126 was referred to the Children and Families Committee, and on February 12, 2019, a public hearing on the bill was completed. [151] On February 21, 2018, HB 126 was voted out of committee to the full House with the recommendation that it "do pass." [152] [153] On February 27, 2019, HB 126 was passed out of the Missouri House and was sent to the state Senate. [154] Missouri's House Speaker Elijah Haahr has said he supports the "heartbeat bill" calling it a top priority for the 2019 session. [155] [156] When asked if he would sign a fetal heartbeat bill, Governor Mike Parson said, "I've been pro-life my entire career, and I support that all the time." [157]

The bill was signed on May 24, 2019, with an effective date of August 28, 2019. The bill bans abortions after 8 weeks, with no exceptions for rape or incest. [158]

North Dakota

North Dakota HB 1456 was signed into law in March 2013 [159] by Jack Dalrymple, who stated that it was "a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade." A federal district court found that it clearly violated the constitutional protections afforded in Roe v. Wade and it was quickly blocked. [160] In July of that year, a lawsuit had been filed with regard to the law by the Center for Reproductive Rights (CRR), on behalf of the only abortion clinic in North Dakota, Red River Women's Clinic. In July 2015, the 8th U.S. Circuit Court of Appeals blocked the bill. [161] The case was appealed to the Supreme Court, but the court denied a writ of certiorari in January 2016 and let stand the decision of the 8th Circuit Court of Appeals. [162]

Ohio

In Ohio, a fetal heartbeat bill, HB 125, was co-authored by Janet Porter, [163] was introduced in the state legislature in October 2011. [164] The bill was shelved by the Republican majority Senate to avoid controversy. [165] This bill was notably supported by Jack Willke. [38] The original Bill was authored by Janet Porter of Faith2Action; former Governor John Kasich vetoed it twice prior to its passing. [166]

A related law was signed in Ohio in 2013 (HB 248) [167] by John Kasich, which mandates, among other things, that doctors who do not test for a fetal heartbeat must be subject to criminal penalties; specifically, "The doctor's failure to do so would be a first-degree misdemeanor, carrying up to six months in jail, for the first violation and a fourth-degree felony, carrying up to 18 months in jail, for subsequent violations." [168] A further fetal heartbeat bill, based on Porter's original, [163] was introduced on August 14, 2013, by Lynn Wachtmann and others. [169]

On March 25, 2015, another heartbeat bill (House Bill 69) passed the Ohio House of Representatives. [170] The Guardian reported that "The bill is unlikely to go any further, facing stiff opposition in the senate as well as from John Kasich, the Republican governor of Ohio." [171]

On December 6, 2016, the Ohio Senate added a heartbeat ban provision to an unrelated bill, House Bill 493, previously passed by the Ohio House of Representatives. The bill was returned to the House and passed by the House the same day. [172] [173] The bill as passed would make abortion after the detection of a fetal heartbeat a fifth-degree felony except in cases where a physician judges the abortion necessary "to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman." [174] On December 13, 2016, Kasich vetoed the bill, [175] [176] [177] [178] on the basis that it was unconstitutional and would almost certainly be struck down if challenged in court. [179] The Ohio House of Representatives considered whether to override Kasich's veto, which would require a three-fifths vote in both the House and the Senate. [180] However, the House leadership opted not to call lawmakers back to Columbus before the end of the year, ensuring Kasich's veto would stand. [181]

The bill passed the Ohio Senate with a vote of 21 yeas, out of 33 seats in the senate; it received 10 nays:

House Bill 493 – Final vote in the Senate [182]
PartyVotes forVotes againstAbstained/Absent
Republican (23)
Democratic (10)
Total (33)21102

In the House of Representatives, the bill passed the Ohio House with a vote of 56 yeas, out of 99 seats in the house; it received 39 nays:

House Bill 493 – Final vote in the House of Representatives [182]
PartyVotes forVotes againstAbstained/Absent
Republican (65)
Democratic (34)
Total (99)56394

Two fetal heartbeat bills were introduced in the Ohio General Assembly in 2019, marking the 133rd Session of the Ohio General Assembly as the fifth time such legislation has been proposed in the state. [183] On February 11, 2019, Christina Hagan and Ron Hood filed HB 68, [184] which was introduced in the Ohio House of Representatives on February 12, 2019. [185] On February 12, 2019, Kristina Roegner filed SB 23 in the Ohio Senate; [186] the bill was referred to the Health, Human Services and Medicaid Committee on February 13, 2019. [187] On February 21, 2019, the President of the Ohio Senate, Larry Obhof pledged to pass SB 23 out of the upper chamber stating, "We are going to pass that bill by the middle of March. I have no doubt at all." [188] On March 13, 2019, SB 23 was passed out of the Ohio Senate by a vote of 19 to 13. [189] The next month, the Ohio House amended the bill, and passed it, 56–40; the changes were ratified in the Senate, 18–13. [190] The bill was signed into law by Governor Mike DeWine on April 11, 2019. [191] [192] [193] On July 3, 2019, a federal judge blocked the implementation of the bill temporarily, just days before the law was to take effect. [194]

Oklahoma

A fetal heartbeat bill (SB 1274) was signed into law by then-Oklahoma governor Mary Fallin in April 2012 that requires an abortion provider to offer a woman the opportunity to hear the conceptus's heartbeat before ending the pregnancy, and applies when the conceptus is at least eight weeks old. The bill took effect in November 2012. [195]

Pennsylvania

A fetal heartbeat bill (HB 2315) was introduced in the Pennsylvania House of Representatives on May 2, 2018, primarily sponsored by Rep Rick Saccone. [196] The bill was referred to the Judiciary Committee where it died. [197]

South Carolina

State Representative John McCravy prefiled HB 3020 in the South Carolina House of Representatives in December 2018. [198] The bill, which is entitled "Fetal Heartbeat Protection from Abortion Act", was introduced on January 8, 2018, and referred to the House Judiciary Committee. [199] Previous attempts to pass fetal heartbeat bills in the South Carolina General Assembly had failed. The State Senate voted 30–13 on January 27, 2021, to pass the new ban. The law had exceptions for cases of rape, incest, and when the life of the mother is at risk. [200] The state's Republican-controlled House had passed similar legislation in previous years. [201] McMaster signed the bill into law on February 18, 2021, [202] but it was blocked by U.S. District Court Judge Mary Geiger Lewis a mere day later following a lawsuit by Planned Parenthood and Greenville Women's Clinic. [200] In January 2023, the law was permanently overturned by the state supreme court. [63]

Tennessee

Two fetal heartbeat bills were filed in the Tennessee General Assembly in 2019. On January 23, 2019, by Rep. James "Micah" Van Huss filed HB 77 in the Tennessee House of Representatives. [203] On February 7, 2019, Sen. Mark Pody filed SB 1236 in the Tennessee Senate. [204] On February 20, 2019, HB 77 was passed out of a Public Health subcommittee and sent to the full committee. [205] On February 26, 2019, the House Public Health Committee voted 15–4 to send HB 77 to the House floor for a full vote. [206] [207] On February 7, 2019, HB 77 was passed out of the Tennessee House by a vote of 66–21. [208]

Texas

A fetal heartbeat bill was previously introduced in Texas by Phil King on July 18, 2013, in the wake of Rick Perry signing Texas Senate Bill 5 into law. [209] [ better source needed ] The bill was not passed. [210] [211] The bill (HB 1500) is joint authored by Representatives Phil King, Dan Flynn, Tan Parker, and Rick Miller. [212] As of February 26, 2019, HB 1500 had 57 sponsors or cosponsors of the 150 members of the Texas House of Representatives. [213] Former State Senator Wendy Davis said HB 1500 is "the most dangerous I've ever seen." [214]

On March 11, 2021, state senator Bryan Hughes of Mineola, Texas, introduced a fetal heartbeat bill entitled the Texas Heartbeat Bill (SB8) into the Texas Senate and state representative Shelby Slawson of Stephenville, Texas, introduced a companion bill (HB1515) into the state house. It includes an exception for medical emergencies but includes cases where a woman or girl has become pregnant by incest or rape. Governor Greg Abbott asserts that the Act will not force a woman who has been raped to carry a pregnancy to term because the state will "work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets." [215]

The SB8 version of the bill passed both chambers and was signed into law by Texas Governor Abbott on May 19, 2021. It will take effect on September 1, 2021. [216] Rather than have the government enforce the law, private citizens will be allowed to sue the provider or anyone that helps the woman to get an abortion. Although similar, H.B NO 1515 is not to be confused with bill H.R 705, also known as the Heartbeat Protection Act of 2021, which was introduced to Congress on February 2, 2021, and sponsored by Republican Mike Kelly. [217] As both bill's note the criminalization of physician's performing abortions once a heartbeat is detected around the 6 week mark of a woman's pregnancy. The Texas Tribune wrote that "supporters of the bill hope this novel provision will trip up legal challenges to the legislation, as without state officials enforcing the ban, there will be nobody for pro-women's rights groups to sue". [23]

A key aspect in the enforcement of the HB 1515 bill is connected to the cost of being sued. As listed in the introductory act, if an organization or individual were found guilty of assisting in an abortion, each individual would be fined a minimum of $10,000. [218] In contrast to the H.R 705, the HB 1515 only mentions punishment through the $10,000 fines, whereas if found guilty under H.R 705, physicians are not only subject to receiving a fine, but are also subject to prison time as well. [219]

According to some individuals associated with the support of HB 1515, the severity of the cost of being sued is intentional. John Seago, an active legislative director for Texas Right to Life, an anti-abortion organization, exemplifies this connection. Seago notes that the cost of getting sued can act as an incentive for abortion providers to avoid administering abortions. According to the Texas Tribune, Seago said, "Have a public statement. Put it on their website that they're not scheduling appointments after six weeks", [220] in doing so individuals associated with performing abortion halt their practice, and are no longer at risk for conducting the fine.

In June 2021, 18-year-old Paxton Smith, senior class valedictorian, delivered a high school graduation speech addressing the Texas heartbeat bill rather than the one which had been pre-approved by her school saying, "I cannot give up this platform to promote complacency and peace, when there is a war on my body and a war on my rights." The speech went viral and was viewed by millions on YouTube, TikTok, and Twitter. [221]

The bill was temporarily blocked by District Court Judge Robert L. Pitman on October 6, 2021, [80] but reinstated by an appeals court panel on October 8. [81]

West Virginia

Two fetal heartbeat bills have been introduced in the West Virginia House of Delegates in 2019. On February 7, 2019, Ralph Rodighiero (D-Logan) filed HB 2903 entitled "The Fetal Hearbeat Act". [222] On February 8, 2019, Evan Worrell (R-Cabell) filed HB 2915. [223]

Wyoming

A fetal heartbeat bill, HB 97, was introduced in the Wyoming House of Representatives in January 2013 by Representative Kendell Kroeker. In February 2013, the bill was struck down by a house committee in a 4–5 vote. [28] [224]

See also

Notes

  1. 1 2 3 4 5 6 7 8 9 Abortions in this state are banned, there are no abortion providers available or the situation around these states' abortion legality is rapidly developing

Related Research Articles

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).

<span class="mw-page-title-main">Abortion law in the United States by state</span> Termination of pregnancy in states of the United States

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

Abortion in Texas is illegal in most cases. There are exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that it is unclear to physicians what health harms to the mother constitute an exception.

<span class="mw-page-title-main">Erin Grall</span> American politician

Erin Grall is an American politician who has served in the Florida House of Representatives from the 54th district from 2016 to 2022 and Florida Senate since 2022. Grall has played an active role in the Florida Legislature, sponsoring a significant number of bills that have become law in recent years.

The Georgia House Bill 481 was an American law passed in 2019 that sought to prevent physicians in the U.S. state of Georgia from performing abortions beyond six weeks, except in special situations. The bill was strongly criticized by supporters of pro-choice policies, but it was praised by many supporters of pro-life policies. Notably, many celebrities in Hollywood threatened to boycott the state of Georgia if it were passed. Passed in 2019, it was initially ruled unconstitutional in July 2020. That ruling was reversed, however, in July 2022.

Abortion in Georgia is legal up to the detection of embryonic cardiac-cell activity, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP), two to three weeks after implantation, when many women are not yet aware that they are pregnant.

As of 2022, abortion in Missouri is illegal, with abortions only being legal in cases of medical emergency and several additional laws making access to abortion services difficult. In 2014, a poll by the Pew Research Center found that 52% of Missouri adults said that abortion should be legal vs. 46% that believe it should be illegal in all or most cases. According to a 2014 Public Religion Research Institute (PRRI) study, 51% of white women in the state believed that abortion is legal in all or most cases.

Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks post-fertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the belief that a fetus can feel pain after that point in the pregnancy. The state also had detailed abortion-specific informed consent requirement by 2007. Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices, in addition to abortion clinics, were in place by 2013. In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. State laws about abortion have been challenged at the Kansas Supreme Court and US Supreme Court level. On August 2, 2022, Kansas voters rejected a constitutional amendment that would have allowed the Republican-controlled legislature to restrict or ban abortion in Kansas, following the overturning of Roe v. Wade.

Abortion is illegal in Kentucky. There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions. In 1998, the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s, members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. A bill passed and made effective in April 2022 lowered the threshold to 15 weeks, the second most restrictive limit in effect in the United States behind Texas, and introduced regulations that made abortion illegal until it was blocked in federal court.

Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year. State Attorney General Lynn Fitch's certification made Mississippi's 2007 'trigger law' go into effect and ban all abortions in the state, “except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape".

Abortion in Ohio is legal up to the point of fetal viability. A six week ban enacted prior to the passage of November 2023 Ohio Issue 1 is being challenged in court following abortion rights being placed into the Ohio State Constitution. In November 2023, a constitutional amendment was approved by a majority of voters that enshrined access to abortion in the Ohio Constitution. Despite the constitutional amendment, the Republican leaders of Ohio have defended the six-week abortion ban in courts.

Abortion in South Carolina is legal up to when embryonic cardiac-cell activity can be detected, usually around 6 weeks from the woman's last menstrual period, when many women are not yet aware that they are pregnant. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in Iowa is legal up to 20 weeks of gestation. A 6-week abortion ban has been indefinitely blocked in court.

Abortion in Wyoming is currently legal due to a temporary court injunction.

<span class="mw-page-title-main">58th Oklahoma Legislature</span>

The Fifty-eighth Oklahoma Legislature was a meeting of the legislative branch of the government of Oklahoma, composed of the Senate and the House of Representatives. It met in Oklahoma City, Oklahoma from January 3, 2021, to January 3, 2023, during the second two years of the first administration of Governor Kevin Stitt. The 2020 Oklahoma elections maintained Republican control of both the House and Senate.

<span class="mw-page-title-main">Texas Heartbeat Act</span> 2021 Act of the Texas Legislature on abortion

The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.

<span class="mw-page-title-main">House Bill 5414</span> Abortion-rights law in U.S. state of Connecticut

House Bill 5414, passed by the Connecticut General Assembly and signed into law by that U.S. state's Governor, Ned Lamont, on May 5, 2022, as the Reproductive Freedom Defense Act, is intended to protect abortion in the state and expand the procedure's availability. Several of its provisions are responses to the Texas Heartbeat Act, passed in late 2021 and since emulated by two other states, that would prevent enforcement in Connecticut of judgements obtained by lawsuits filed under those laws against abortion providers, patients and those who facilitate them. It also allows more non-physician providers to perform certain types of abortions, codifying a past legal opinion. The law took effect July 1.

References

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