State
Briefs
Bioethics in Law & Culture Summer 2022 vol. 5 issue 3
A summary of state legislation - April 1, 2022 –June 30, 2022
Joe Kral, M.A.
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Alabama
Abortion Trigger Ban:
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
Personhood of IVF Embryonic Children:
April 14, 2022 – County Circuit Court Judge Jill Parrish Phillips ruled a frozen IVF embryonic child is not a minor child under Alabama law. The Plaintiffs brought a wrongful death suit against a hospital when a wandering patient destroyed the embryonic children.
Alaska
Defunding Abortion:
April 6, 2022 – The Alaska House approved a budget amendment that would defund abortion businesses of $350,000 of Medicaid funds. The provision, along with the entire bill, moves to the Senate for consideration.
Arkansas
Abortion Trigger Ban:
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
Pro-Life City/County Resolution:
April 26, 2022 – The City of Bryant, Arkansas passed a “Pro-Life City Resolution”. The resolution, while not a binding law, officially recognizes the humanity of the unborn child from the moment of conception. The city may place signs declaring itself to be pro-life.
California
Abortion Access:
May 24, 2022 – The San Diego County Board of Supervisors voted to expand access to abortion. The Board will look into ways that they can expand access to abortion within their county in light of the SCOTUS leak.
Abortion Funding:
June 14, 2022 – San Mateo County voted to provide their local Planned Parenthood $1 million in public funds in anticipation of Roe being overturned.
Abortionist Protection Act:
June 23, 2022 – The California Senate passed AB 1666. The bill would protect abortionist and abortion providers from out-of-state civil lawsuits. The bill now proceeds to Governor Gavin Newsome for either his signature or veto.
Buffer Zone:
April 6, 2022 – The Walnut Creek City Council voted to enact an ordinance that creates a buffer zone where pro-life sidewalk counselors may not interact with pregnant mothers entering an abortion clinic.
June 15, 2022 – The Sacramento City Council passed an ordinance that created a buffer zone where pro-life sidewalk counselors may not interact with pregnant mothers entering an abortion clinic.
Constitutional Amendment (“Right” to Abortion):
June 14, 2022 – Two Committees passed a bill that would amend the state constitution to recognize a so-called “right” to abortion.
June 21, 2022 – The California Senate passed Senate Constitutional Amendment 10, 29-7. The bill now proceeds to the Assembly for consideration.
June 28, 2022 – The California Assembly passed Senate Constitutional Amendment 10, 58-16. It will now be placed on the November ballot for the voters to decide.
Infanticide
April 5, 2022 – The California General Assembly Judiciary Committee passed AB 2223. The bill is intended to protect mothers from prosecution for having an abortion and allow for abortions up until birth. However, the imprecise language of the bill allows infanticide to take place up until 6 weeks after birth. The bill now proceeds to the Assembly Health Committee for consideration.
April 19, 2022 – The California Assembly Health Committee passed AB 2223, 11-3. The bill now proceeds to the Assembly Appropriations Committee for consideration.
May 24, 2022 – The Assembly Appropriations Committee amended the AB 2223 to only allow for infanticide for those children born from a botched abortion. The bill now proceeds to the Assembly Floor for consideration.
IVF Insurance Coverage
April 27, 2022 – The Assembly Health Committee passed AB 2029. The bill would mandate that all insurance companies must cover IVF for infertile couples. Infertility, under the bill, can extend to single men & women, same-sex couples, and trans people. Religious employers are exempt. The bill now proceeds to the House Floor for consideration.
Colorado
Right to Abortion:
April 4, 2022 – Governor Jared Polis signed HB 1279 into law. The law would deny any rights to any unborn child regardless of gestational age and would guarantee an abortion for any reason throughout all stages of pregnancy.
Connecticut
Abortionist Medical License:
April 19, 2022 – The Connecticut House passed HB 5414. The bill would prohibit the state from revoking the license from an abortionist if being disciplined for medically harmful actions in another state. The bill now proceeds to the Senate for consideration.
April 29, 2022 – The Connecticut Senate passed HB 5414. The bill now proceeds to Governor Ned Lamont for either his signature or veto.
May 5, 2022 – Governor Ned Lamont signed HB 5414 into law.
Assisted Suicide:
April 12, 2022 – The Connecticut Senate Judiciary Committee did not pass SB 88 which would have legalized assisted suicide within the state. The Public Health Committee has previously passed the bill.
Delaware
Non-Physician Abortion:
April 7, 2022 – The Delaware House passed a bill that would allow Physician Assistants and Advances Nurse Practitioners to prescribe the abortion pill to pregnant mothers seeking an abortion. The bill now proceeds to Governor John Carney’s desk for either his signature or veto.
June 8, 2022 – The Delaware House Health & Human Development Committee passed HB 455. The bill would allow physician assistants and advanced nurses to perform abortions, with a physicians consent, prior to the unborn child’s viability. The bill now proceeds to the House Floor for consideration.
Florida
Late-Term Abortion Ban (15 Weeks):
April 14, 2022 – Governor Ron DeSantis signed HB 5 into law. The new law will prohibit abortions after the fifteenth week of gestation.
June 1, 2022 – Planned Parenthood has filed suit challenging the Late-Term Abortion Ban (15-weeks).
June 14, 2022 – A Jewish Congregation has filed suit challenging the Late-Term Abortion Ban (15-Weeks).
June 30, 2022 – State District Judge John Cooper issued a temporary injunction against the Late-Term Abortion Ban (15-Weeks).
Waiting Period (24-Hours):
April 12, 2022 – Circuit Judge Angela Dempsey ruled the state’s waiting period law is constitutional. The law stipulates that a woman, 24 hours prior to her abortion is to be given state mandated information. She had previously lifted the injunction against enforcing the law on March 23, 2022.
Iowa
Abortion Alternatives Funding:
April 5, 2022 – The Iowa Senate passed SF 2381. The bill would appropriate $1 million in public funds to non-profit groups who specialize in abortion alternatives to promote healthy pregnancies and childbirth. The bill now proceeds to the House for consideration.
No Right to Abortion:
June 17, 2022 – The Iowa Supreme Court ruled that the state constitution contains no right to abortion overturning a previous 2018 ruling that ruled that there was one. The case primarily focused on a pro-life ultrasound law, which has now, through this ruling, been upheld.
Sanctuary City for the Unborn Ordinance:
May 2, 2022 – The City of Willey, Iowa passed a Sanctuary City for the Unborn Ordinance. The ordinance would make it illegal for anyone to perform, procure, aid, or abet in an abortion within the city. The city has two mechanisms of enforcement. The city cannot enforce until Roe has been overturned. However, a private citizen may sue those who violate the law.
Kentucky
Abortion Trigger Ban/Fetal Heartbeat Law:
June 30, 2022 – State District Judge Mitch Perry granted a temporary injunction against the enforcement of both the Abortion Trigger Ban and the Fetal Heartbeat Laws.
Late-Term Abortion Ban (15-Weeks):
April 10, 2022 – Governor Andy Beshear vetoed SB 321. The bill would prohibit abortions after the fifteenth week of gestation.
April 13, 2022 – Both Chambers overrode Governor Any Beshear’s veto of SB 321.
April 21, 2022 – US District Court Judge Rebecca Grady Jennings temporary blocked enforcement of the Late-Term Abortion Ban while the case against it continues.
May 2, 2022 – US District Court Judge Rebecca Grady extended the temporary order blocking the law.
May 19, 2022 – US District Court Rebecca Grady issued a stay against the 15-week ban, the other provisions of the law are still enjoined.
June 14, 2022 – Kentucky Attorney General Daniel Cameron filed suit against Governor Beshear for failing to set up a regulatory process for SB 321. Even though SB 321 has been enjoined, it is Cameron’s argument that Beshear should have met the deadline and set up the process.
Louisiana
Abortion Ban:
May 17, 2022 – The Louisiana House Health & Welfare Committee passed SB 342, 10-2. The bill would make abortion a criminal act by enhancing the existing Abortion Trigger Ban. An abortionist could receive up to 20 years in prison for committing the act and receive fines. The bill proceeds to the House Floor for consideration.
June 2, 2022 – The Louisiana House passed SB 342 with amendments. The bill will proceed to the Senate for a concurring vote.
June 5, 2022 – The Louisiana Senate concurred with the House changes. SB 342 now moves to Governor John Bel Edwards for either his signature or veto.
June 22, 2022 – Governor John Bel Edwards signed SB 342 into law.
Abortion Trigger Ban:
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
June 27, 2022 – An abortion clinic filed suit against the state Abortion Trigger Ban.
June 27, 2022 – A state district judge placed a temporary injunction on the enforcement of the Abortion Trigger Ban.
Mail-In Abortion Drugs Ban:
April 12, 2022 – The Louisiana Senate Judiciary Committee passed SB 388. The bill prohibits the distribution of mail-in abortion drugs without physician oversight. The bill now proceeds to the Senate Floor for consideration.
April 25, 2022 – The Louisiana Senate passed SB 388, 33-2. The bill prohibits the prescribing of abortion pills, via online, teleconferencing, or by phone and then sending the pills by mail. The bill now proceeds to the House for consideration.
June 2, 2022 – The Louisiana House passed SB 388, 72-24. The bill now proceeds to Governor John Bel Edwards for either his signature or veto.
June 2, 2022 – The Louisiana House passed SB 342, 72-25. The bill makes it illegal for out-of-state companies to supply abortion pills to Louisiana residents. The bill now proceeds to Governor John Bel Edwards for either his signature or veto.
June 22, 2022 – Louisiana Governor John Bel Edwards signed SB 388 into law.
Maine
Buffer Zone:
April 22, 2022 – Governor Janet Mills signed a bill into law that marks 8 ½ feet from the entranceway of an abortion clinic as a buffer zone that pro-life sidewalk counselors and protestors may not enter into.
Maryland
Non-Physician Abortion:
April 8, 2022 – Maryland Governor Larry Hogan vetoed SB 890. The bill will allow nurse practitioners, nurse midwives, and physician assistants to perform abortions within the state. The bill now proceeds to the legislature for consideration.
April 9, 2022 – Both the Senate and House Chambers voted to override the veto.
May 5, 2022 – Governor Larry Hogan vetoed . The bill would provide $3.5 million in taxpayer funds for training non-physicians in abortions.
Massachusetts
Pro-Life Pregnancy Center Ban:
April 12, 2022 – The City of Somerville passed a law that prohibits pro-life pregnancy centers from operating within the city limits. The prohibition defines them as limited and deceptive pregnancy services that do not provide or refer abortion services.
Michigan
Right to Abortion:
April 6, 2022 – Governor Gretchen Whitmer filed suit in the Michigan Supreme Court urging the Court to rule that a “right” to abortion exists under the state constitution’s Due Process Clause.
May 17, 2022 – Judge Elizabeth Gleicher has blocked the enforcement of Michigan’s pre-Roe laws from going into effect if Roe is overturned.
May 25, 2022 – Governor Gretchen Whitmer signed an executive order mandating state agencies find ways to make abortion more accessible and ways to protect abortionists in anticipation of the overturn of Roe.
Mississippi
Abortion Trigger Ban:
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
Late-Term Abortion Ban (15-Weeks):
June 24, 2022 – The US Supreme Court ruled that Mississippi’s late-term abortion ban was constitutional.
Missouri
Abortion Trigger Ban:
May 10, 2022 – The Missouri Senate Rules-Joint Rules-Resolutions-Ethics Committee passed a bill that would allow the states Abortion Trigger Ban to go into effect if Roe is overturned while the Legislature is adjourned.
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
Omnibus Pro-Life Bill:
April 6, 2022 – The Missouri House passed HB 2012, 91-37. The pro-life provisions contained are: ensuring abortion providers do not receive public funds, a ban on mail-in abortion drugs, and a provision that ensures that a child born from either an abortion or attempted abortion receives the appropriate medical care for a child born of that gestational age by the abortionist. The bill now proceeds to the Senate for consideration.
Nebraska
Abortion Trigger Ban:
April 6, 2022 – LB 933 was defeated by a legislative filibuster. The unicameral legislature was unable to break the filibuster effectively defeating the bill for the session. The bill would have prohibited abortion within the state when Roe was overturned.
New Hampshire
Late-Term Abortion Exceptions/Ultrasound Repeal:
April 21, 2022 – The New Hampshire Senate passed HB 1609. The bill would add an exception for “fetal abnormalities incompatible with life” and only repeal the ultrasound law from all abortions to those abortions at 24 weeks gestation. The bill now proceeds to Gov. Chris Sununu’s desk for either his signature or veto.
May 20, 2022 – Governor Chris Sununu signed HB 1609 into law.
New York
Abortionist Protection Act:
June 2, 2022 – The New York Legislature passed a series of bills that would shield abortionists from pro-life laws in other states. These bills now proceed to Governor Hochul for either her signature or veto.
June 13, 2022 – New York Governor Hochul signed this package of bills.
Ohio
Fetal Heartbeat Law:
June 24, 2022 – Ohio Governor DeWine directed agencies to begin enforcing the Fetal Heartbeat Law due to the Dobbs decision.
June 29, 2022 – The ACLU and Planned Parenthood filed suit in the Ohio Supreme Court challenging the Fetal Heartbeat Law.
Sanctuary City for the Unborn Ordinance:
May 11, 2022 – The National Association of Social Workers & the Women Have Options-Ohio have challenged Lebanon, Ohio’s Sanctuary City for the Unborn Ordinance claiming it is an infringement on due process and free speech.
Oklahoma
Abortion Ban:
April 5, 2022 – The Oklahoma State House passed SB 612. The bill prohibits abortion except to save the life of the mother. The bill now proceeds to Governor Kevin Stitt for either his signature or veto.
April 12, 2022 – Governor Kevin Stitt signed SB 612 into law.
May 19, 2022 – The House passed HB 4327, after it was slightly amended in the Senate, that would ban all abortions. It would allow for rape, incest, and life of the mother exceptions. It also contains a private enforcement mechanism The bill now proceeds to Gov. Kevin Stitt for either his signature or veto.
May 25, 2022 – Governor Kevin Stitt signed HB 4327 into law.
Abortion Trigger Ban:
April 26, 2022 – The Oklahoma House passed SB 1555. The bill would immediately ban abortions within the state when Roe is overturned. The bill now proceeds to Governor Kevin Stitt for either his signature or veto.
Fetal Heartbeat Law (Texas Model):
April 5, 2022 – The Oklahoma State House Public Health Committee passed SB 1503, 7-1. The bill uses a pro-life private enforcement mechanism to ban abortion. Enforcement will be left up to the citizens through the use of lawsuits. The bill now proceeds to the House Floor for consideration.
April 28, 2022 – The Oklahoma House passed SB 1503. The bill now proceeds to Governor Kevin Stitt for either his signature or veto.
May 3, 2022 – Governor Kevin Stitt signed SB 1503 into law.
May 4, 2022 – The Oklahoma Supreme Court declined to block enforcement of the law allowing it to go into effect.
Pennsylvania
Constitutional Amendment (No Right to Abortion):
June 7, 2022 – The Pennsylvania Senate passed SB 956, 29-20. The amendment would state that there is no right to abortion and there is no right to taxpayer funded abortion. The bill now goes to the House for consideration.
South Carolina
Abortion Pill Reversal Information Act:
April 27, 2022 – The South Carolina House passed HB 4568, 71-29. The bill mandates that women be given information about the potential to reverse the effects of the abortion pill prior to the medical abortion. The bill now proceeds to the Senate for consideration.
Conscience Protection:
June 17, 2022 – South Carolina Governor Henry McMaster signed H 4776 into law. The new law will protect doctors and nurses from being forced to participate in abortions.
Fetal Heartbeat Law:
June 27, 2022 – The Fetal Heartbeat Law was allowed took effect.
South Dakota
Abortion Trigger Ban:
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
Tennessee
Fetal Heartbeat Law:
June 28, 2022 – The US Sixth Court of Appeals ruled that the Fetal Heartbeat Law can immediately go into effect.
TeleMed Abortion Ban:
April 14, 2022 – The Tennessee House passed HB 2416. The bill mandates that the abortion pill be provided to a woman in person by a licensed physician. A follow-up visit is also required. The bill now proceeds to the Senate for consideration.
April 21, 2022 – The Tennessee Senate passed HB 2416. The bill now proceeds to Governor Bill Lee’s desk for either his signature or veto.
May 5, 2022 – Governor Bill Lee signed HB 2416 into law.
Texas
Abortion Trigger Ban:
June 24, 2022 – The state has recognized the US Supreme Court decision in Dobbs v. Jackson and that it overturns Roe. The Abortion Trigger Ban will take effect beginning July 24, 2022.
Fetal Heartbeat Law:
April 20, 2022 – Wendy Davis filed suit against Texas’ Fetal Heartbeat Law arguing that it violates her freedom of speech.
April 26, 2022 – The US Fifth Circuit Court of Appeals remanded to district court that all cases challenging the pro-life private enforcement mechanism of the Fetal Heartbeat Law are to be dismissed and to consider if plaintiffs even have standing to challenge.
Pre-Roe Abortion Prohibition Laws:
June 24, 2022 – The pre-Roe laws that prohibited abortion went back into effect.
June 28, 2022 – State District Judge Christine Weems temporarily enjoined the pre-Roe laws.
June 30, 2022 – Attorney General Ken Paxton has filed an appeal to the Texas Supreme Court asking them to overturn the district courts injunction.
Sanctuary City for the Unborn Ordinance:
April 20, 2022 – The City of Marquez passed a Sanctuary City for the Unborn Ordinance. The ordinance would make it illegal for anyone to perform, procure, aid, or abet in an abortion within the city. The city has two mechanisms of enforcement. The city cannot enforce until Roe has been overturned. However, a private citizen may sue those who violate the law.
May 19, 2022 – The City of Normangee passed a Sanctuary City for the Unborn Ordinance. The ordinance would make it illegal for anyone to perform, procure, aid, or abet in an abortion within the city. The city has two mechanisms of enforcement. The city cannot enforce until Roe has been overturned. However, a private citizen may sue those who violate the law.
Utah
Abortion Trigger Ban:
June 24, 2022 – The state’s Abortion Trigger Ban took effect.
June 24, 2022 – The ACLU and Planned Parenthood sued to block the law.
June 27, 2022 – District Judge Andrew Stone temporarily enjoined the law.
Washington
Abortionist Protection:
June 30, 2022 – Governor Jay Inslee signed an Executive Order that bans state law enforcement from working with pro-life states regarding abortionists who violate those pro-life laws.
Wisconsin
Eugenic Abortion Ban:
April 8, 2022 – Governor Tony Evers signed SB 259. This bill contained a provision which stipulated that genetic counselors will be prohibited from counseling/encouraging for elective abortions if the unborn child is diagnosed with a genetic disorder.
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