US state outlaws most abortions

Written By Unknown on Rabu, 27 Maret 2013 | 11.25

THE state of North Dakota has approved the most restrictive abortion laws in the United States, a move that challenges federal protection of a woman's right to terminate a pregnancy.

Republican Governor Jack Dalrymple signed a bill on Tuesday that bans any abortion after a fetal heart beat can be detected, typically around six weeks after conception when many women don't realise they are pregnant.

There are no exceptions for rape, incest, the health of the mother or if she would lose the pregnancy anyway as a result of a fetal abnormality.

Dalrymple also signed two bills which ban abortion because of genetic defects or for the purpose of gender selection.

North Dakota's Republican-dominated state legislature passed a law on Friday that asks voters to amend the state constitution to define life as beginning at conception.

If ratified in a November 2014 election, the amendment would grant full legal protection to embryos and fetuses and could outlaw some forms of birth control, stem cell research and possibly IVF.

The laws will undoubtedly prompt legal challenges - but their supporters welcome any chance this gives them to overturn the US Supreme Court's landmark 1973 Roe vs Wade decision legalising abortion.

Dalrymple ordered the legislature to allocate funds to fight any legal challenges and hoped to prevail with the fetal heartbeat bill.

"Although the likelihood of this measure surviving a court challenge remains in question, this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe vs Wade," he said.

"Because the US Supreme Court has allowed state restrictions on the performing of abortions and because the Supreme Court has never considered this precise restriction ... the constitutionality of this measure is an open question."

Pro-choice advocates insist the legislation will be overturned in court.

"This sweeping package of bills will not stand up to constitutional scrutiny," said Sarah Stoesz, president of Planned Parenthood in North Dakota.

"But as a result of North Dakota's leaders' disregard for women's health, the state will endure months and years of drawn-out litigation costing taxpayers hundreds of thousands of dollars."

The Supreme Court refused to review the Roe decision in October, turning away a petition on an amendment to Oklahoma's constitution that would have granted "personhood" to embryos.

Other cases are expected to come before the court in the coming months as some 20 states have laws on the books to ban or heavily restrict abortion should the Supreme Court overturn Roe vs Wade.


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