LINCOLN, Neb. (AP) - Abortion foes and supporters on Thursday disputed the real purpose of a bill that would require clinics to post conspicuous signs that say women can’t be pressured into the procedure.
State law already prohibits coercion, but abortion opponents said the measure would make clear to women that they’re entitled to protection from boyfriends, husbands, parents and others. Clinics would face a $10,000 fine for each day a sign is not posted.
Abortion opponents argued that it’s a subtle attempt to steer women away from the procedure and noted that they already undergo counseling to ensure they aren’t unduly influenced.
Nebraska’s current abortion-consent law requires providers to share information about risks, alternatives and potential long-term consequences of the procedure.
The bill “seeks to add another important piece of information to our informed consent laws,” said Sen. Bill Kintner, of Papillion, who sponsored the measure.
“I’m saddened there are cases out there where a woman was threatened to the point that she went through with an abortion that she didn’t need to have,” he said.
Jeannie Pittam, of Lincoln, told lawmakers that when she became pregnant in 1970, at age 19, her father threatened to throw her out of his home.
“I immediately knew my financial security, emotional support and remaining in my family home was in jeopardy,” she said. “My mom had a local doctor arrange the abortion in Kansas. Did I walk into that facility? Yes, I did. But emotionally, I was frightened. But I believe I had gone too far to turn back.”
Alan Peterson, a lobbyist for the American Civil Liberties Union of Nebraska, said the bill raised free-speech concerns because the government would be dictating a message on a private clinic’s wall. Peterson said other government-mandated messages, such as cigarette warning labels, have been supported by courts because they’re based on scientific evidence of a health risk. Peterson said the bill is a subtle attempt by abortion opponents to push their message.
“That’s a legitimate message - but not from the government, using the walls of a private entity,” he said. “That’s not how this country is supposed to work.”
The bill was one of three abortion-related proposals reviewed by the Legislature’s Judiciary Committee.
Two proposals by Sen. Danielle Conrad of Lincoln would reduce the legal barriers that minors face before getting an abortion. One proposal would repeal Nebraska’s parental consent law that went into effect in 2011 and replace it with a state’s previous parental notification requirement.
The second measure would lower the legal standard needed for judges to rule that a minor is “sufficiently mature” to consent to an abortion without her parents.
Current state law requires “clear and convincing” evidence that a minor is both sufficiently mature and well-informed about her decision. The proposal would have judges presume that they are mature enough if they appeared at the hearing, navigated the legal system, underwent medical counseling and provided a “coherent explanation” as to why they should make the decisions.
Conrad pointed to state reports that say 270 to 350 minors seek abortions in Nebraska each year. Of those minors, she said, about 10 percent seek the procedure without family involvement.
“Regardless of how we may personally feel about abortion, we can all agree, and should agree … that a judicial bypass system must be available, and it must be fair,” Conrad said.
Conrad said she introduced the bills in response to an October Nebraska Supreme Court ruling that denied a 16-year-old foster child’s request to get an abortion without parental consent.
A dissenting judge said the girl does not have a parent or guardian to give consent other than the Department of Health and Human Services. But state regulations prevent the department from giving or withholding consent.
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The parental-notification bills are LB1108 and LB1109. The signage bill is LB LB1032.
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