BISMARCK, N.D. (TheBlaze/AP) — Gov.
Jack Dalrymple signed legislation Tuesday 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. TheBlaze previously reported about the bill’s passage earlier this month.
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, and a measure
that requires a doctor who performs abortions to be a physician with
hospital-admitting privileges.
The measures, which would take effect
Aug. 1, are fueled in part by an attempt to close the state’s sole
abortion clinic in Fargo. Dalrymple, in a statement, said the so-called
fetal heartbeat bill is a direct challenge to 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.
In
this April 16, 2012 file photo North Dakota Gov. Jack Dalrymple speaks
in Bismarck, N.D. Dalrymple signed legislation Tuesday, March 26, 2013
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. Credit: AP
“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 v. Wade,” Dalrymple said. “Because the U.S. 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.”
Abortion-rights advocates have promised a legal fight that they say will be long, costly and unwinnable for the state.
Dalrymple’s statement said the
Legislature “should appropriate dollars for a litigation fund” before
the session ends in early May.
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.
Kris
Kitko leads chants of protest at an abortion-rights rally at the state
Capitol in Bismarck, N.D., on Monday, March 25, 2013. More than 300
demonstrators attended the rally protesting a package of measures that
would give the state the toughest abortion restrictions in the nation. Credit: AP
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 another
anti-abortion bills last week that is awaiting Dalrymple’s signature. It
would ban abortions after 20 weeks of pregnancy based on the disputed
premise that fetuses feel pain at that point.
Dalrymple said the measure requiring
abortion doctors to have hospital-admitting privileges also likely will
be challenged in court.
“Nevertheless, it is a legitimate and
new question for the courts regarding a precise restriction on doctors
who perform abortions,” he said.
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