Louisiana House approves strict ban on abortion

By Doug Simpson, The Times-Picayune (New Orleans, Louisiana), May 31, 2006

BATON ROUGE, La. (AP) - The Louisiana House approved a near-total ban on abortion on Wednesday, a measure that could only go into effect if the U.S. Supreme Court's Roe v. Wade decision is overturned.

House members rejected an attempt by Rep. Charlie DeWitt, D-Alexandria, to allow exceptions for rape and incest victims. Dewitt's amendment failed on a vote of 37-66 after opponents argued that the measure should prevent as many abortions as possible.

"If you say you're pro-life, how do you justify exceptions?" said Rep. Mike Powell, R-Shreveport.

The measure, by Sen. Ben Nevers, D-Bogalusa, would only allow abortion in cases where the woman's life is in danger or when childbirth would permanently harm her health. The bill passed 85-17 but must return to the Senate for approval of a House committee amendment that added the exception protecting the mother's health.

If the Senate approves that amendment, it would go to Gov. Kathleen Blanco, who campaigned as an anti-abortion candidate but has not said if she would support such a strict ban.

Nevers' bill is largely symbolic. It could only take effect under two circumstances: the U.S. Constitution is amended to allow states to ban abortion; or the U.S. Supreme Court strikes down its own 1973 Roe v. Wade ruling that provided for a woman's right to an abortion.

Under the measure, doctors found guilty of performing abortions would face up to 10 years in prison and fines of $100,000.

The bill is similar to a South Dakota law passed earlier this year that is expected to land before the Supreme Court. A majority of the Supreme Court's nine justices have voted to uphold Roe v. Wade in the past.

Passage of Nevers' bill was not in doubt; the fight centered on DeWitt's attempt to provide exceptions for rape and incest. Rep. Monica Walker argued that government should not intrude on a sex crime victim's decision of whether or not to have an abortion.

"If she's been the victim of a violent act of rape or incest, that decision should be between her, her family and her god, and not this state government," said Walker, D-Marksville.

Opponents of the exceptions said lawmakers who consider themselves anti-abortion - a clear majority of the Legislature - should not approve of abortions when they choose.

"If you're pro-life, you should be for preserving life," said Rep. Danny Martiny, R-Kenner. "And this Legislature has recognized the fact that life begins at conception. So it makes no sense to me for us to argue that we are pro-life except for these exceptions. There should be no exceptions."

Rep. Regina Barrow, D-Baton Rouge, said she has developed a close relationship to a child who was the product of a rape. She asked House members to consider the successful Americans who might not have been born if such exceptions were allowed: "Oprah Winfrey was the product of a rape, and how different would all our lives be if she weren't here?"

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