House endorses abortion bill

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House endorses abortion bill

Near-total ban makes exception only in mother's health

By Marsha Shuler, The Advocate (Baton Rouge, Louisiana), June 1, 2006

The House on Wednesday overwhelmingly endorsed a near total ban on abortions in Louisiana.

On an 85-17 vote, the House approved legislation that would only allow abortions when the mother's life and health, in some cases, is at stake.

The vote came after more than two hours of debate and rejection of a key amendment that would have allowed abortion in cases of rape and incest.

Rep. Danny Martiny, R-Kenner, boiled the issue down for lawmakers. "Do we as a Legislature believe that abortion should be banned or restricted to the tightest set of circumstances?" Martiny said.

"Every time this Legislature has been called upon to state its intention we have strongly supported the fact that life begins at conception and we have tried to restrict it (abortion) as much as we can," Martiny said.

The proposed law runs contrary to the U.S. Supreme Court ruling in Roe v. Wade, which legalized abortion. It would only go into effect if the court overturns that ruling or the U.S. Constitution is changed to allow states to ban abortions.

A court challenge to Roe v. Wade is expected over a recently enacted South Dakota abortion ban, which the Louisiana proposal is patterned after. Anti-abortion forces are hoping that two new Supreme Court justices will overturn Roe.

The legislation, Senate Bill 33, now returns to the Senate for concurrence in House changes. The Senate version allowed abortions only to save the life of the mother.

The key vote came on a proposal by Rep. Charlie DeWitt, D-Lecompte, to add rape and incest exceptions.

Under DeWitt's amendment the woman would have had to report the crime to law enforcement and go to a physician within five days to verify that they were not pregnant at the time of the offense. The woman could have the abortion within the first 13 weeks.

Thirty-six representatives voted for the exceptions while 67 voted against them.

DeWitt said victims of the crimes should be given a choice to have an abortion. "It's a choice between me, my family and my God. And, you can decide whether you want to include that preacher or not," said DeWitt.

Rep. William Daniel, R-Baton Rouge, said about 1 percent of the abortions done today involve cases of rape and incest.

If a woman is forced to carry a child to term after a rape "perhaps that would not be the best thing for the child or the mother," he said.

Rep. Monica Walker, D-Hessmer, said national polling has consistently demonstrated that the American public favors rape and incest exceptions by a overwhelming majority.

"Are you going to be able to go back to your district where 75 percent of your constituents are going to ask you why you didn't support the exceptions?" Walker said. She said the proposal is "mainstream."

But Rep. Gary Beard, R-Baton Rouge, said he doesn't need a poll to tell him about what the people of Louisiana want. "The people of Louisiana have always been adamantly pro-life," Beard said.

Beard also said the Roe v. Wade case emanated from a pregnant woman who claimed she was raped and then recanted.

The amendment could lead to the same circumstance.

Rep. Regina Barrow, D-Baton Rouge, said a sixth-grader her daughter mentored in Girl Scouts was raped by a member of her family then went ahead and had the now 5-month-old little boy.

"He's a very integral part of our lives. We plan to keep it that way," Barrow said.

Barrow said no one can predict what a child born of rape or incest is going to grow up to be, but they should be given that chance.

Before approving the measure, the House rejected proposals that would have allowed pharmacists to prescribe contraceptives without doctor's orders and required hospitals to give rape and incest victims information on what emergency measures are available to abort a pregnancy.

Rep. Diane Winston, R-Covington, said women raped are already "traumatized, stigmatized and victimized. If we don't make the hospitals provide the information, they are not going to get it," said Winston.

Here's how the House voted Wednesday when it rejected DeWitt's amendment adding rape and incest exceptions to Senate Bill 33.

FOR the exceptions (36) - Speaker Salter and Reps. Ansardi, Arnold, Badon, Baylor, Burrell, K. Carter, R. Carter, Curtis, Daniel, DeWitt, Dorsey, Downs, Gallot, Gray, Hammett, Harris, Heaton, Honey, Hopkins, Hunter, Jackson, Jefferson, LaFonta, Marchand, McVea, Montgomery, Morrell, Pierre, Pitre, Quezaire, Richmond, G. Smith, Tucker, Walker and Winston.

AGAINST the exceptions (67) - Reps. Alario, Alexander, Baldone, Barrow, Baudoin, Beard, Bowler, Bruce, Bruneau, Burns, Cazayoux, Chandler, Crane, Cravins, Crowe, Damico, Dartez, Doerge, Dove, Durand, Erdey, Fannin, Farrar, Faucheux, Frith, Geymann, Greene, E. Guillory, M. Guillory, Hebert, Hill, Hunter, Johns, Katz, Kenney, Kleckley, LaBruzzo, LaFleur, Lambert, Martiny, McDonald, Morrish, Odinet, Pinac, M. Powell, T. Powell, Ritchie, Robideaux, Romero, Scalise, Schneider, Smiley, J.D. Smith, J.H. Smith, J.R. Smith, St. Germain, Strain, Thompson, Toomy, Townsend, Trahan, Triche, Waddell, Walsworth, White and Wooton.

NOT VOTING (2) - Reps. Glover and Kennard.

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