BISMARCK, N.D. — Gov. Jack Dalrymple signed legislation today that that would make North Dakota the nation’s most restrictive state on abortion rights, banning the procedure if a fetal heartbeat can be detected — something that can happen as early as six weeks into a pregnancy.
The Republican governor also signed into law another measure that would makes North Dakota the first to ban abortions based on genetic defects such as Down syndrome.
The measures are fueled in part by an attempt to close the state’s sole abortion clinic in Fargo. Supporters of the so-called fetal heartbeat measure said it is a direct challenge the U.S. Supreme Court’s 1973 Roe v. Wade ruling that legalized abortion up until a fetus is considered viable, usually at 22 to 24 weeks.
Abortion-rights advocates have promised a legal fight that they say will be long, costly and unwinnable for the state.
Arkansas passed a 12-week ban earlier this month that prohibits most abortions when a fetal heartbeat can be detected using an abdominal ultrasound. That ban is scheduled to take effect 90 days after the Arkansas Legislature adjourns.
A fetal heartbeat can generally be detected earlier in a pregnancy using a vaginal ultrasound, but Arkansas lawmakers balked at requiring women seeking abortions to have the more invasive imaging technique.
North Dakota’s legislation doesn’t specify how a fetal heartbeat would be detected. Doctors performing an abortion after a heartbeat is detected could face a felony charge punishable by up to five years in prison and a $5,000 fine. Women having an abortion would not face charges.
The legislation to ban abortions based on genetic defects also would ban abortion based on gender selection. The Guttmacher Institute, which tracks abortion laws throughout the country, says Pennsylvania, Arizona and Oklahoma also have laws outlawing abortion based on gender selection.
The Republican-led North Dakota Legislature has endorsed a spate of anti-abortion Legislation this year. North Dakota lawmakers moved last week to outlaw abortion in the state by passing a resolution defining life as starting at conception, essentially banning abortion in the state. The measure is likely to come before voters in November 2014.
Representatives also endorsed two other anti-abortion bills last week that are awaiting Dalrymple’s signature. One would ban abortions after 20 weeks of pregnancy based on the disputed premise that fetuses feel pain at that point. Another measure requires a doctor who performs abortions to be a physician with hospital-admitting privileges.