Bill would restrict late-term abortions

A bill that would effectively prohibit the abortion of a fetus capable of surviving outside the womb, even if the mother’s life is at risk, is making its way through the state Legislature.

Montana law prohibits abortions after a fetus is viable — meaning it can survive outside the womb — except to save the mother’s life. Senate Bill 282 would make it a felony to perform an abortion on a fetus that has a 50 percent chance of surviving outside of its mother.

If a woman’s life is at risk, her doctor would either have to induce labor or deliver the fetus by Caesarean section and then provide the baby “life-sustaining support.”

During a Tuesday hearing before the state House Judiciary Committee, bill sponsor Sen. Albert Olszewski, R-Kalispell, said proposal ensures a woman can decide to terminate a late-term pregnancy, “but not necessarily the child.”

Olszewski said the viability of children born prematurely has improved as neonatal intensive medical care facilities have developed throughout Montana.

“When a woman’s life is threatened, she might be able to not choose between her life and her child, but she might be able to choose both,” Olszewski said.

The bill passed the Montana Senate Judiciary Feb. 24 with a 32 to 18 vote.

Supporters like Jeff Laszloffy of the Montana Family Foundation have said the bill protects innocent life.

“Have we become so hardened as a society that we think it’s somehow OK to kill a viable child simply because we think for some reason it’s inconvenient?” Laszloffy said.

But opponents testified on Tuesday that the bill is unconstitutional by setting a roadblock in a woman’s right to an abortion.

In a previous draft, the bill established a fetus capable of living outside the womb at 24 weeks.

Opponents argued if lawmakers decided the point of viability, it would remove health providers’ ability to make case-by-case decisions.

Olszewski said due to that argument, he changed the law to hinge on the fetus’ chance of survival instead of a distinct timeframe.

SK Rossi of ACLU Montana said the amendment still violates federal law.

“The option for an abortion still has to be in this bill to make it legal,” Rossi said. “... If it passes and makes it through the Governor’s Office, it’s going to cost the state a lot of money to litigate.”

Rossi said the 1973 ruling of Roe v. Wade established abortion as a constitutional right for every woman in America. She pointed to Colautti v. Franklin and Planned Parenthood v. Danforth as two cases that prohibit states from establishing a viability marker.

Rep. Theresa Manzella, R-Hamilton, asked if the viability discussed in Roe v. Wade and following cases was outdated as technology continues to improve to support the life of fetuses.

Manzella asked if the state has an interest in trying to define viability, “so that it can offer some specific guidance to doctors and women for this purpose?”

Rossi said her testimony stood on court decisions.

“The courts have decided the legislature should stay out of it and leave it to the woman and her doctor,” Rossi said.

As of March 15, the House Judiciary Committee had not taken action on the bill.

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