Louisiana lawmakers on Wednesday passed a strict new abortion ban that would prohibit the procedure before some women even know they are pregnant, joining a half-dozen conservative states with similar measures.
In a 79-23 vote, the Louisiana house gave final passage to a bill barring abortion beyond the sixth week of pregnancy. The law is described inaccurately by its supporters as banning abortion after a “fetal heartbeat” is detected, but experts have pointed out that this terminology is wrong on both accounts.
John Bel Edwards, the deep south’s only Democratic governor, supports the ban and intends to sign it into law despite opposition from national party leaders who say such laws are attacks on women.
Even without the new law, abortion has been prohibitively difficult in the state for decades. Louisiana already has more than 1,000 medically unnecessary requirements regarding abortion, according to the ACLU. These include laws requiring the reading of counseling scripts, mandatory ultrasounds, and what choice advocates call “Trap” laws, or Targeted Regulations of Abortion Providers.
Though the state had 17 abortion clinics in the early 1990s, it has just three today.
Lawmakers in conservative states across the nation are striking at the US supreme court’s 1973 Roe v Wade decision that legalized abortion nationally. Abortion opponents are pushing new restrictions on the procedure in hopes that a case will make its way to the high court and two new conservative justices appointed by Donald Trump could help overturn Roe.
Georgia, Kentucky, Mississippi and Ohio have enacted similar bills, while Missouri lawmakers approved an eight-week ban on abortion. Alabama has gone even further, outlawing virtually all abortions, even in cases of rape or incest. None of the bans has taken effect, and all are expected to face legal challenges.
Louisiana’s prohibition would take hold only if neighboring Mississippi’s law is upheld by a federal appeals court. A federal judge temporarily blocked that Mississippi law Friday.
Abortion rights activists said Louisiana’s bill would effectively eliminate abortion as an option before many women realize they are pregnant, calling the proposal unconstitutional.
The legislation includes an exception from the abortion ban to prevent the pregnant woman’s death or “a serious risk of the substantial and irreversible impairment of a major bodily function” or if the pregnancy is deemed “medically futile”.
But it does not include an exception for a pregnancy caused by rape or incest.
A doctor who violates the prohibition under the bill could face a prison sentence of up to two years, along with the revocation of their medical license.
“This extreme abortion ban is part of a concerted, nationwide effort to criminalize abortion,” said Alanah Odoms Hebert, ACLU of Louisiana executive director, in a statement.
“Senate Bill 184 is a plainly unconstitutional reminder of just how far Louisiana politicians are willing to go to interfere in these deeply personal medical decisions and force women to continue pregnancies against their will” she added.
Although similar abortion bans have drawn sharp criticism from Democrats nationwide, Louisiana’s proposal won wide bipartisan support and was sponsored by a Democrat from the north-west corner of the state, Senator John Milkovich.
Support from Edwards, running for re-election this fall against two Republicans, is expected to help shore up his position with some voters in his conservative home state, even if it puts him at odds with national Democratic party leaders and donors.
The ban is one of several bills that Louisiana lawmakers are advancing to add new restrictions on abortion, including a proposal steps from passage to ask voters to rewrite the state constitution to ensure it offers no protections for the procedure. Another bill nearing the governor’s desk would limit where medication-induced abortions can be performed to the state’s three licensed abortion clinics.
Jamiles Lartey contributed reporting.
