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State

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   Bioethics in Law & Culture                                                                                                                                                                                                                                            Summer  2023      vol.  6  issue  3

 

 

A summary of state legislation - April 1, 2023 – June 3o, 2023

Joe Kral, M.A.

 Arizona

Abortionist Protection Executive Order:

June 23, 2023 – Governor Katie Hobbs signed an executive order revoking local authorities’ abilities to try abortionists for abortion violations. Instead, the state Attorney General will have that power.

 

Born Alive Infants Protection Act:

April 6, 2023 – Governor Katie Hobbs vetoed the Born Alive Infants Protection Act. The bill mandated that a child born from either a botched or attempted abortion must receive the appropriate medical care for a child of that gestational age.

 

 

Arkansas

Funding of Pro-Life Pregnancy Centers:

April 5, 2023 – The Arkansas House passed SB 286. The bill allocates $1 million in public funds for pro-life pregnancy centers. The bill now goes to Governor Sarah Sanders for either her signature or veto.

 

 

California

Assisted Suicide Law:

April 25, 2023 – A disability rights group has filed suit challenging the assisted suicide law. The suit claims that the law targets vulnerable communities such as the disabled and minority groups.

 

May 17, 2023 – A settlement was reached that doctors will not be charged or penalized if they object to assisted suicide for their patients. They must transfer the records of the patient to another provider.

 

Buffer Zone Laws:

April 11, 2023 – The City Council of Sacramento has added to their existing Buffer Zone law further restricting pro-life free speech. The new addition prohibits the use of loudspeakers.

 

 

Colorado

Abortion Pill Reversal Information Ban:

April 14, 2023 – Governor Jared Polis signed a bill that prohibits pro-life pregnancy centers from distributing information on the abortion pill reversal method.

 

April 17, 2023 – A Federal District Court has blocked enforcement of the law.

 

Buffer Zone:

        June 6, 2023 – A suit was filed against Colorado’s 100-foot Buffer Zone Law.

 

Florida

Abortion Travel Funding:

April 13, 2023 – St. Petersburg, FL voted down a proposal that would give $50,000 in public funds to an organization that helps fund abortion travel.

 

Assisted Suicide:

May 17, 2023 – The State agreed to not enforce provisions of the assisted suicide law that forces health care professionals to participate in assisted suicide. Doctors can now refuse to participate in assisted suicide and not be given criminal or civil penalties.

 

Buffer Zone Law:

June 9, 2023 – Florida Preborn Rescue filed a federal suit challenging the constitutionality of Clearwater, FL’s Buffer Zone Law.

 

Conscience Protections:

May 11, 2023 – Governor Ron DeSantis signed SB 1580 which will protect healthcare workers from being forced to perform or participate in abortion procedures.

 

Fetal Heartbeat Bill:

April 3, 2023 – The Florida Senate passed a Fetal Heartbeat Bill (SB 300). The bill prohibits the abortion of an unborn child that has a detectable heartbeat. The bill does contain rape and incest exceptions. The bill proceeds to the House for consideration. The bill would not go into effect unless the Florida Supreme Court rules favorably for the 15-week Abortion Ban.

 

April 13, 2023 – The Florida House passed SB 300. The bill proceeds to Governor Ron DeSantis for either his signature or veto.

 

April 13, 2023 – Governor Ron DeSantis signed SB 300 into law.

 

 

Hawaii

Assisted Suicide:

May 2, 2023 – The Hawaii Legislature passed a bill that would expand the current “safeguards” that would allow advanced nurse practitioners to prescribe lethal doses of medication and counsel patients considering assisted suicide. The bill moves to the Governor’s desk for either his signature or veto.

 

June 14, 2023 – Governor Josh Green signed the bill.

 

 

Idaho

Abortion Ban:

April 5, 2023 – Planned Parenthood and the ACLU filed suit against the state’s attorney general regarding his legal opinion that in-state doctors cannot refer patients to go across state lines to get abortion pills. The current abortion ban prohibits abortion pills.

 

Child Custody Protection Act:

April 5, 2023 – Governor Brad Little signed the Child Custody Protection Act into law. The law prohibits the transportation of minor girls across state lines to obtain secret abortions without the knowledge of their parents.

 

 

Illinois

Abortion Shielding Law:

June 8, 2023 – The Illinois Senate passed HB 3326, which would prohibit the turning over of license plate information regarding women obtaining abortions in the state. The bill proceeds to Governor Pritzker for either his signature or veto.

 

Buffer Zone:

May 16, 2023 – Coalition Life filed suit challenging the City of Carbondale’s 100-foot Buffer Zone law.

 

Restricting Pro-Life Pregnancy Centers:

May 11, 2023 – The Illinois House passed SB 1909. The bill restricts the free speech of pro-life pregnancy centers. The bill proceeds to Governor Pritzker for either his signature or veto.

 

Sanctuary City for the Unborn Ordinance:

April 26, 2023 – The City of Danville Public Service Committee advanced the proposed Sanctuary City for the Unborn Ordinance. The bill, if enacted, would have the city enforce the US Comstock Act.

 

May 2, 2023 – The City of Danville passed the proposed Sanctuary City for the Unborn Ordinance.

 

 

Indiana

Abortion Ban:

         June 30, 2023 – The Indiana Supreme Court upheld the state’s pro-life Abortion Ban.

 

Abortion as Religious Right:

June 7, 2023 – Marion Superior Judge Heather Welch issued a certified case that Hoosier Jews for Choice has brought up as a class action lawsuit. They contend that prohibiting abortion violates their religious rights.

 

Humane Fetal Disposition Law:

May 2, 2023 – The United States Supreme Court allowed Indiana’s Humane Fetal Disposition law to go into effect. The law mandates that those unborn children killed by abortion be humanely buried or cremated.

 

Iowa

Fetal Heartbeat Law:

June 16, 2023 – The Iowa Supreme Court issued a split decision, 3-3 regarding the temporary injunction against the state’s Fetal Heartbeat Law. As a result of the split decision, the temporary injunction remains in place.

 

 

Kansas

Abortion Liability Insurance:

April 27, 2023 – The Kansas Legislature voted to override the veto of Governor Kelly. The bill will go into effect. The new law mandates that abortionists cannot buy into liability insurance that uses state funds.

 

Abortion Pill Reversal Information Act:

April 27, 2023 – The Kansas Legislature voted to override the veto of Governor Kelly. The bill will go into effect. The new law mandates that information be given to women about the potential to reverse the effects of the abortion pill prior to their medical abortion.

 

June 6, 2023 – Planned Parenthood filed suit against the new law.

 

June 21, 2023 – Attorney General Kris Kobach agreed not to enforce the law, which is set to go into effect July 1, until the assigned judge rules on either blocking or not the Abortion Pill Reversal Information Act. The hearing is set for August 8.

 

Born Alive Infants Protection Act:

April 4, 2023 – The Kansas House passed the Senate amended version of HB 2313. The bill mandates that a child born from either a botched or attempted abortion must receive the appropriate medical care for a child of that gestational age. The bill proceeds to Governor Laura Kelly for either her signature or veto.

 

April 14, 2023 – Governor Laura Kelly vetoed HB 2313.

 

April 27, 2023 – The Kansas Legislature voted to override the veto of Governor Kelly. The bill will go into effect.

 

Pregnancy Center Funding:

April 25, 2023 – Governor Laura Kelly vetoed legislation that would fund pro-life pregnancy centers.

 

May 12, 2023 – Governor Laura Kelly vetoed another bill that would have provided public funds for pro-life pregnancy centers.

 

Kentucky

Abortion Ban:

June 20, 2023 – The abortionists who brought the suit challenging the state’s Abortion Ban filed a motion to dismiss the case.

 

Louisiana

Abortion Exceptions:

May 10, 2023 – The Louisiana House Administrative of Criminal Justice Committee voted down HB 346 and HB 549. The bills would have added rape and incest exceptions.

 

Financial Responsibility for Fathers:

April 27, 2023 – The Louisiana House passed HB 5, a bill that would allow mothers to sue biological fathers of unborn children for pregnancy costs. The bill is targeted to stop the coercion of biological fathers who refuse to pay for their biological unborn children. The bill proceeds to the Senate for consideration.

 

May 16, 2023 – A Louisiana Senate Committee passed HB 5. The bill goes to the Senate Floor for consideration.

 

Public Funding Pro-Life Pregnancy Centers:

May 16, 2023 – The Louisiana Senate passed SB 41. The bill would allow individuals and companies an income tax credit claim of up to $5,000 annually for donations to pro-life pregnancy centers. The bill proceeds to the House for consideration.

 

Maine

Abortion Until Birth:

June 10, 2023 – The Maine House Judiciary Committee passed a bill (LD 1619) that would legalize abortion for any reason until birth. The bill now proceeds to the House Floor for consideration.

 

June 22, 2023 – The Maine House passed LD 1619, 74-72. The bill proceeds to the Main Senate for consideration.

 

June 27, 2023 – The Maine Senate passed LD 1619. The amended bill proceeds back to the House for concurrence.

 

Maryland

Abortion Sanctuary Laws:

May 3, 2023 – Governor Wes Moore signed a slate of pro-abortion bills into law. One was to protect abortionists from other states’ pro-life laws. Another mandated that public college/universities provide the abortion pill on campus. Another was to amend the state constitution to recognize the so-called “right to abortion”. The amendment initiative still must be approved by the voters.

 

Michigan

Abortion Discrimination:

May 31, 2023 – Governor Gretchen Whitmer signed a bill that prohibits businesses from discriminating against those women who have had an abortion.

 

Abortion Insurance Coverage:

May 5, 2023 – The Michigan Legislature passed SB 147 which requires all businesses, including religious ones, to provide abortion coverage. The bill proceeds to Governor Gretchen Whitmer for either her signature or veto.

 

May 18, 2023 – Governor Whitmer signed the bill.

 

Pre-Roe Abortion Ban Repeal:

        April 5, 2023 – Governor Gretchen Whitmer signed a bill that repeals the 1931 Abortion Ban.

 

Minnesota

Abortion Sanctuary Act:

April 27, 2023 – Governor Tim Walz signed legislation that protects those who come to the state for an abortion from other states’ pro-life laws. The new law would make it a crime to help investigate if an out-of-state woman has obtained an abortion within the state of Minnesota.

 

Abortion Until Birth:

June 14, 2023 – Governor Tim Walz signed legislation that would allow abortion, for any reason, until birth.

 

Born Alive Infants Protection Act Repeal:

May 22, 2023 – The Minnesota Legislature passed legislation that would repeal the existing Born Alive Infants Protection Act. The bill also repeals the Woman’s Right to Know Act. The bill proceeds to Governor Tim Walz for either his signature or veto.

 

Buffer Zone

April 5, 2023 – The Thomas More Society filed suit on behalf of pro-life sidewalk counselors challenging Minneapolis’ Buffer Zone law which prohibits pro-life free speech.

 

 

Montana

Born Alive Infant Protection Act:

May 3, 2023 – Governor Gianforte signed into law a Born Alive Infants Protection Act. The new law mandates that those born from either a botched or attempted abortion must receive the appropriate medical care for a child born at that gestational age.

 

Dismemberment Abortion Ban:

April 11, 2023 – Planned Parenthood filed a preemptive suit against legislation that would ban dismemberment abortions (D & E procedures). The bill is currently being considered by Governor Gianforte.

 

April 11, 2023 – A state district judge denied the Planned Parenthood request because there is technically no law to block since the bill has not been signed.

 

May 16, 2023 – Governor Gianforte signed HB 721.

 

May 18, 2023 – A state judge temporarily enjoined the Dismemberment Abortion Ban.

 

Medicaid Abortion Ban:

May 2, 2023 – A state district judge blocked a law that prohibits Medicaid funds from being used for abortions.

 

Non-Physician Abortion:

May 12, 2023 – The Montana Supreme Court ruled that advanced practice nurses can continue to perform abortions within the state.

 

Ultrasound Law:

May 30, 2023 – A state judge temporarily enjoined the Ultrasound Law. The law provides that a mother has an opportunity to see her unborn child in real-time.

 

 

Nebraska

12-Week Abortion Ban:

May 19, 2023 – The Nebraska Legislature passed legislation that was tacked onto LB 524. The amendment would prohibit abortions after 12-weeks gestation. The legislation proceeds to Governor Jim Pillen for either his signature or veto.

 

May 22, 2023 – Governor Jim Pillen signed the legislation.

 

May 31, 2023 – The ACLU filed suit challenging the new 12-week Abortion Ban.

 

Fetal Heartbeat Bill:

April 12, 2023 – The unicameral Nebraska Legislature passed LB 626 on second reading. The bill prohibits the abortion of an unborn child that has a detectable heartbeat.

 

April 27, 2023 – LB 626 was unable to overcome a filibuster. As a result, the bill has been defeated for the session.

 

 

New Hampshire:

Abortionist Protection Act:

April 13, 2023 – The New Hampshire Senate Judiciary Committee rejected HB 224. The legislation would repeal the restrictions from the state’s Fetal Life Protection Act.

 

April 13, 2023 – The New Hampshire Senate rejected a motion to move HB 224 out of committee.

 

Abortion Right:

April 13, 2023 – The New Hampshire Senate Judiciary Committee rejected HB 88. The legislation would repeal the restrictions from the state’s Fetal Life Protection Act.

 

April 13, 2023 – The New Hampshire Senate rejected a motion to move HB 88 out of committee.

 

 

New Mexico

Abortionist Protection Act:

April 6, 2023 – Governor Michelle Lujan Grisham signed an Abortionist Protection Act. The law will shield abortionists when they violate other states’ pro-life laws.

 

Sanctuary City for the Unborn Ordinance:

April 17, 2023 – The City of Eunice filed suit against the state’s new law that prohibits locales from passing Sanctuary City for the Unborn Ordinances. The city passed its Sanctuary City for the Unborn Ordinance a few months prior.

 

April 25, 2023 – The City of Edgewood passed a Sanctuary City for the Unborn Ordinance. Like other New Mexico cities that have passed this, it allows the city to enforce the US Comstock Act.

 

 

New York

Abortion Pill University Access:

April 25, 2023 – The New York Legislature passed A01395C/S01213-B. This bill mandates that the State University of New York and the City University of New York distribute the abortion pill. The bill proceeds to Governor Kathy Hochul for either her signature or veto.

 

May 2, 2023 – Governor Kathy Hochul signed the bill.

 

Abortionist Protection Act:

June 20, 2023 – The New York Legislature gave final approval to a bill that would shield abortionists from pro-life laws from other states. In particular, prescribing the abortion pill to a woman in another state that prohibits it. The bill proceeds to Governor Kathy Hochul’s desk for either her signature or veto.

 

June 23, 2023 – Governor Hochul signed the bill.

 

 

Nevada

Abortionist Protection Act:

May 22, 2023 – The Nevada House passed SB 131, which will shield abortionists when they violate other states’ pro-life laws.

 

May 30, 2023 – Governor Joe Lombardosigned SB 131 into law.

 

Assisted Suicide:

April 19, 2023 – The Nevada Senate passed SB 239 which would legalize assisted suicide within the state.

 

May 25, 2023 – The Nevada House passed SB 239. The bill proceeds to Governor Joe Lombardo for either his signature or veto.

 

June 5, 2023 – Governor Joe Lombardo vetoed SB 239.

 

Constitutional Right to Abortion:

May 10, 2023 – The Nevada Assembly passed a measure that could eventually become a ballot initiative. The measure would create a state constitutional “right to abortion”. The measure will need to pass the legislature again in 2025 before it can go to the voters.

 

 

North Carolina

12-Week Abortion Ban:

May 3, 2023 – The North Carolina Senate Joint Rules and Operations Committee passed a bill that would ban abortion at 12-weeks gestation. The bill proceeds to the Senate for consideration.

 

May 3, 2023 – The North Carolina House passed a bill that would ban abortion at 12-weeks gestation. The bill proceeds to the Senate for consideration.

 

May 5, 2023 – The North Carolina Senate passed a bill that would ban abortion at 12-weeks gestation.

 

May 13, 2023 – Governor Roy Cooper vetoed the bill. The bill goes back to the legislature for an attempt to override the veto.

 

May 16, 2023 – The North Carolina Legislature overrode Governor Cooper’s veto.

 

June 28, 2023 – Planned Parenthood filed suit challenging the law.

 

June 30, 2023 – Governor Roy Cooper signed HB 190 which is clarifying language to the 12-Week Abortion Ban.

 

June 30, 2023 – US District Judge Catherine Eagles will allow the vast majority of the law to go into effect. One provision dealing with abortion pills will be enjoined for the next 2 weeks.

 

 

North Dakota

Abortion Ban:

April 17, 2023 – The House passed a revised version of the current Abortion Ban. The bill seeks to clarify certain language within the current law so it will meet state constitutional muster. The bill goes back to the Senate for concurrence.

 

Fetal Heartbeat Act:

April 25, 2023 – Governor Burgum signed the Fetal Heartbeat Protection Act. The bill would prohibit an abortion on an unborn child that has a detectable heartbeat.

 

June 12, 2023 – An abortion provider filed suit challenging the state’s new Fetal Heartbeat Law.

 

 

Oklahoma

Abortion Ban/Fetal Heartbeat Law:

May 31, 2023 – The Oklahoma Supreme Court ruled that both the Abortion Ban and Fetal Heartbeat Law were unconstitutional. They also ruled that a woman has the “right to terminate her pregnancy”.

 

 

Oregon

Abortion Access for Minors:

May 2, 2023 – The Oregon House passed a bill that allows any female to obtain an abortion regardless of age. The bill prohibits parental consent or notification. It now proceeds to the Senate for consideration.

 

 

Pennsylvania

Constitutional Amendment (No Right to Abortion):

April 17, 2023 – A state court tossed the lawsuit brought by Governor Tom Wolf against a proposed amendment that would amend the state constitution that states there is no right to abortion. The court dismissed the lawsuit since the proposed amendment is still at the proposal stage.

 

 

Rhode Island:

Abortion Insurance Coverage:

April 27, 2023 – The Rhode Island House passed SB 32, a bill that mandates that state workers and Medicaid recipients receive abortion coverage in their insurance plans. The bill now proceeds to the Senate for consideration.

 

May 18, 2023 – The Senate passed SB 32. The bill proceeds to Governor Daniel McKee for either his signature or veto.

 

May 18, 2023 – Governor McKee signed the bill.

 

South Carolina

Abortion Ban:

April 26, 2023 – Senator Sandy Senn successfully filibustered HB 3774. The bill had passed the House and passed second reading in the Senate, but was unable to be voted on for a final time in the Senate. The bill would have prohibited all abortions.

 

Abortion Funding Ban:

June 20, 2023 – The US Supreme Court vacated the US Fourth Circuit Court of Appeals ruling that the state’s abortion funding ban was unconstitutional. The case goes back to the lower court with instructions to use the recent June 7 ruling regarding Indiana to guide their decision-making.

 

Fetal Heartbeat Act:

May 9, 2023 – A South Carolina House Committee passed S474. The bill would prohibit abortions on those unborn children with a detectable heartbeat. It does contain exceptions for rape, incest, physical life, & physical health of the mother. The bill proceeds to the House Floor for consideration.

 

May 17, 2023 – The South Carolina House passed S474. The bill proceeds back to the Senate so the Senate may have a chance to agree with the changes made in the House.

 

May 23, 2023 – The South Carolina Senate passed S474. The bill now proceeds to Governor Henry McMaster for either his signature or veto.

 

May 24, 2023 – South Carolina Governor Henry McMaster signed S474 into law.

 

May 29, 2023 – A South Carolina judge temporarily enjoined the Fetal Heartbeat Act.

 

 

Texas

Abortion Ban Enforcement Act:

April 4, 2023 – The Texas Senate passed SB 20. The bill mandates that local prosecutors cannot refuse to enforce state laws. The bill proceeds to the House for consideration.

 

Abortion Sanctuary City:

May 6, 2023 – Voters in San Antonio overwhelmingly voted against a proposition to make the city an abortion sanctuary.

 

Pro-Life Pregnancy Center Funding:

May 22, 2023 – The Texas Legislature passed a bill that would permanently fund the Alternatives to Abortion program. The funding is to be used to help pro-life pregnancy centers to continue in their ministry.

 

 

Utah

Abortion-Only Clinic Ban:

April 4, 2023 – Planned Parenthood filed suit against a new law that prohibits abortion clinics.

 

May 2, 2023 – A state district judge temporarily enjoined the law.

 

 

Vermont

Abortion Pill Protection:

April 27, 2023 – The Vermont Legislature passed a bill that would protect abortionists and pharmacists when they prescribe and distribute the abortion bill. The legislation proceeds to Governor Phil Scott for either his signature or veto.

 

May 10, 2023 – Governor Phil Scott signed the bill.

 

Assisted Suicide:

May 3, 2023 – Vermont Governor Phil Scott signed a bill that allows non-residents to kill themselves in assisted suicide.

 

 

Washington

Abortion Insurance:

April 27, 2023 – Governor Jay Inslee signed SB 5242, which would allow those Washingtonians with private insurance to get an abortion without a copay or deductible.

              

Abortion Sanctuary Act:

April 27, 2023 – Governor Jay Inslee signed HB 1469, which would make it a crime to help investigate if an out-of-state woman has obtained an abortion within the state of Washington.

 

Abortion Pill Supply:

April 27, 2023 – Governor Jay Inslee signed SB 5768, which directs the Department of Corrections to purchase a supply of the abortion pill.

 

Abortionist Protection Act:

April 27, 2023 – Governor Jay Inslee signed HB 1340, which would protect abortionists within the state from violating other states’ pro-life laws.

 

Secret Abortion Act:

May 10, 2023 – Governor Jay Inslee signed SB 5599, which would allow minor girls to obtain abortions without their parent’s knowledge.

 

West Virginia

Abortion Ban:

April 18, 2023 – The abortion clinic that filed suit against the state’s pro-life Abortion Ban has dropped its suit.

 

Wisconsin

Abortion Travel Funding:

May 10, 2023 - Milwaukee, County defeated a proposal that would fund local employees who were traveling for abortion.

 

 

Wyoming

Abortion Pill Ban:

June 22, 2023 – Teton County Judge Melissa Owens blocked the Abortion Pill Ban from going into effect.

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