Houses Swap Abortion Bills, But Locke’s Veto Pen Lurks Bills Don’t Include Language Requiring Public Vote, So Fate Is Left To Governor
Restrictions on Washington’s abortion-rights law have cleared their first major legislative hurdles, but Democratic Gov. Gary Locke is waiting with his veto pen.
The state House voted 58 to 40 early Tuesday to ban the late-term procedure that critics call partial-birth abortion, and the Senate was expected to follow suit.
On Monday night the Senate approved a requirement that parents be notified before a minor can get an abortion, adding a new twist that the father’s family also be notified. That measure now goes to the House.
In a change of strategy, neither bill contains a provision to bypass the governor in favor of a public vote in November. In both cases, a veto appears all but certain.
“If he does veto this, then we have to come back another day” and try to override or round up enough votes to place it on the ballot in November, a weary House Speaker Clyde Ballard said after the late-term abortion ban was approved.
The East Wenatchee Republican said sponsors lacked the votes for a referendum provision because some members object to loading the ballot with controversial measures and others want to force Locke to act on the two bills.
“The governor is in a quandary over this,” because polls show strong public support for both proposals, the speaker said.
The measure was approved on a largely party-line vote. Four Democrats voted with the Republicans in favor and three Republicans joined most Democrats in opposition.
At one point it appeared Rep. Phil Dyer, R-Issaquah, had brokered a deal that even Locke, a staunch defender of abortion rights, could support.
That version would have outlawed abortion of a viable fetus, except to protect the life or health of the mother, but Ballard said many of his members wanted a tougher measure.
After hours of closed-door caucuses and multiple drafts of amendments, the House GOP produced a new bill that defines and outlaws “partial-birth abortion” except to protect the life or physical health of the mother.
The later reference is a much stricter test than the courts have interpreted abortion rights to include, said House Law and Justice Chairman Larry Sheahan, R-Rosalia. The courts have said “health” is a broad term that includes age, family circumstances, mental status and whether a doctor thinks the woman would be better off without a baby, he said.
“The courts have given us abortion on demand and partial-birth abortion is not illegal in this state” without changes, Sheahan said in an interview.
The new measure would allow the procedure only to prevent “serious risk of substantial and irreversible impairment of a major bodily function of the mother.”
Similar bills have been rejected as unconstitutional in nearly all of the 11 states where they have been adopted, said Rep. Jeri Costa, D-Marysville. He said the procedure should remain legal for women and their doctors.
“The courts have held that the health of the mother takes absolute precedence over the possible survival of the fetus,” Costa said.
The sponsor, Rep. Mark Sterk, R-Veradale, said the procedure cannot be medically justified and amounts to infanticide.
“To partially deliver a baby into this world and then kill it is a terrible thing,” Sterk said.
“We’re talking about a baby that has moved into the birth canal,” said Rep. Joyce Mulliken, R-Ephrata.
The Senate approved the notification bill 27 to 21 after removing all provisions to require prior parental consent.
“It is the only intrusive medical procedure that is allowed to be performed on a minor where the parent is not required to be notified … and parents are financially liable,” said the prime sponsor, Sen. Don Benton, R-Vancouver.
If kids are truant, check into a chemical dependency program or want any other kind of medical treatment, state law requires that parents be notified first, Benton said. Practically all parents would want to be notified of an abortion as well, he maintained.
Democratic critics said that in most cases, minor girls do notify their parents, and that in the rest there’s usually a good reason why they don’t.
“You hear some say ‘I’d rather die than tell’ … and some of those kids do die,” said Sen. Darlene Fairley, D-Lake Forest Park. “You can’t force kids to have a good relationship with their folks.”
Sen. Julia Patterson, D-Seatac, succeeded in amending the measure to require that the father’s parents also be notified. She and several others used the old phrase about “what’s good for the goose is good for the gander.”
Some Republicans objected, saying it would be a hardship for the girl, that it’s not always known who the father is and that the provision might keep abortions from occurring.
Benton later said he could live with the change, and final passage was largely a party line vote.
As for Locke’s veto threat, Benton said, “Let’s give the governor a chance to do the right thing.
“I’m hoping that being a new parent of a young daughter himself will change his outlook. I think he would want to know if his daughter was going to undergo a serious medical procedure.”
xxxx HOW THEY VOTED Here is how Eastern Washington legislators voted in the 58-40 roll call by which the Washington House voted Tuesday to ban the procedure critics call partial-birth abortion. Voting “yes” were four Democrats and 54 Republicans. Voting “no” were 37 Democrats and three Republicans.
Democrats against Jeff Gombosky, Spokane William Grant, Walla Walla Alex Wood, Spokane
Republicans for Clyde Ballard, East Wenatchee Brad Benson, Spokane Gary Chandler, Moses Lake Jim Clements, Selah Larry Crouse, Spokane Jerome Delvin, Richland Jim Honeyford, Sunnyside Tom Huff, Gig Harbor Peggy Johnson, Shelton Barbara Lisk, Zillah Dave Mastin, Walla Walla Cathy McMorris, Colville Joyce Mulliken, Ephrata Linda Parlette, Wenatchee Mark Schoesler, Ritzville Larry Sheahan, Rosalia Mary Skinner, Yakima Duane Sommers, Spokane Mark Sterk, Veradale Bob Sump, Republic
Republicans against Suzette Cooke, Kent Shirley Hankins, Richland Bill Reams, Bellevue