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House passes bill to ban partial-birth abortion

by Bill McAllister
Tuesday, March 25, 2008

JUNEAU, Alaska -- The state House of Representatives voted Tuesday for an expanded definition of partial-birth abortion that critics say effectively would be a ban on all abortions.

The debate became emotional at times on the House floor.

Supporters of the bill, who compare partial-birth abortion to infanticide, are trying to get around a previous Alaska Supreme Court ruling against a ban on the procedure, using language from the federal law that has been upheld by the nation's highest court.    

But opponents say it's really an unconstitutional challenge to a woman's right to choose.

When it comes to abortion, and more than on any other issue, lawmakers really say what they think, whether they fall into the pro-choice or pro-life camp.

"We lead the nation in violence to women. This legislation is, to me, an assault," said Rep. Sharon Cissna, D-Anchorage.

"This is a form of human abuse, both for the mother, I think, and also for the child. For heaven's sakes, draw the line at infanticide," said Rep. Bob Lynn, R-Anchorage.     

Supporters of a new ban on partial-birth abortions say it's a gruesome procedure and abhorrent because a baby is actually in the process of being delivered.

"I see potentially a baby there who can't speak, who can't raise their hand and even gesture for anyone to help them, who can't say, 'please, stop and rethink this.' Who can't say, 'please, there are other options out there,'" said Rep. Nancy Dahlstron, R-Eagle River.    

But opponents say the ban would apply to all abortions and would make no exceptions when a woman's health is at stake.

"This bill's going to last 10 minutes on the books and it's going to be struck down. So for $800,000, the cost of the legal fees that are going to be incurred by this bill, go ahead, try and take away a woman's right to choose, try and take away a woman's right to a first-trimester abortion," said Rep. Les Gara, D-Anchorage.    

The House approved the bill without a vote to spare.    

But as most lawmakers acknowledged, it's a debate that's not going to end any time soon.

A companion bill has gotten a hearing in the Senate Judiciary Committee, but passage in the Senate seems doubtful, given the bipartisan coalition that's running the chamber.

Even if it did pass, all abortion legislation ends up in the courts. The state Supreme Court struck down the previous partial-birth abortion ban.    

Supporters are using the definition of partial-birth abortion passed by Congress and upheld by the United States Supreme Court, so they say they should be on firm ground.    

But pro-choice lawmakers note that the state constitution has an explicit right to privacy, which the federal Constitution does not.

Contact Bill McAllister at bmcallister@ktuu.com