Montana lawmakers consider bill on abortion restrictions

State lawmakers are considering a bill that would prohibit the abortion of an unborn child that has a probable post-fertilization age of 20 or more weeks.

Senate Bill 329 mandates a person may not perform, induce, or attempt an abortion of a fetus that can feel pain unless it’s necessary to prevent a serious health risk to the pregnant woman. Psychological or emotional conditions of the woman is not a factor, according to the bill’s language.

If passed, physicians and health care providers who violate the law could face a felony.

The bill states that after 20 weeks, a fetus reacts to stimuli “that would be recognized as painful if applied to an adult human, for example, by recoiling.”

During a Senate Public Health, Welfare and Safety Committee hearing Monday afternoon, bill proponents said the law would protect a fetus from inhumane pain. Opponents questioned the bill’s constitutionality and possible consequences for women.

The bill’s sponsor, Sen. Keith Regier, R-Kalispell, said the bill addresses a need “brought by increased scientific evidence that abortion is painful for the unborn.”

Jeff Laszloffy of the Montana Family Foundation said the fact there’s debate around what stage of gestation a fetus begins to feel pain shouldn’t prevent the committee from passing the bill.

“If a child can feel pain, then this bill is warranted, and the only question is when,” he said.

Before a woman can have an abortion, the bill would require physicians to determine the probable post-fertilization age of a fetus. To do this, the doctor would have to make “inquiries” of the woman and perform medical examinations to determine the fetus’ age.

In cases of medical emergencies, the bill mandates the practitioner to use their medical judgement to end the pregnancy in a way that “provides the best opportunity for the unborn child to survive.”

SK Rossi of ACLU Montana said the bill violates Supreme Court precedents. She said the bill could place a substantial obstacle between a woman and her right to an abortion. She pointed to recent cases in Arizona and Idaho were similar 20-week abortion bans were struck down by courts.

She said the section that requires a doctor to choose a procedure that gives the baby to best chance of surviving in an emergency, “could be worse for the life and health of the mother.”

Sen. Diane Sands, D-Missoula, questioned the constitutionality of a section in the bill that allows a woman’s parents, spouse, siblings, guardian or a current or former licensed health care provider to seek civil action against the person who performed the abortion if they feel it violated the law.

Sands asked Rossi whether allowing “anyone on the street” to sue a provider was constitutional.

Rossi replied a series of court decisions have determined whether a woman has an abortion is between her and her doctor.

“The [bill’s] list of people who can sue, in my opinion, is just ludicrous,” Rossi said.

Garrett Bacon said he spoke in support of the bill on behalf of himself and his family.

Bacon said he believes Senate Bill 329 is a step toward restoring a basic human right to life.

“Montanans are known for taking care of people, known for taking care of our animals,” he said. “Let’s speak up for the unborn.”

A SECOND abortion bill brought to the session by a Flathead lawmaker is scheduled for a House Judiciary hearing Tuesday, March 14, at 8 a.m.

Sen. Albert Olszewski, R-Kalispell, sponsored Senate Bill 282 which would make it illegal to perform an abortion after 24 weeks of pregnancy. Performing an abortion after 24 weeks would qualify as a felony under the proposal.

The bill mandates if a pregnant woman faces a serious or life-threatening condition after 24 weeks, her health care provider would have to either induce labor or deliver the baby via cesarean section. The provider would be required to provide “life-sustaining support to the viable fetus.”

To listen to the hearing on Senate Bill 282, go to http://leg.mt.gov/css/default.asp.

Reporter Katheryn Houghton may be reached at 758-4436 or by email at khoughton@dailyinterlake.com.