TOM FREIER: HB 1450 UPDATE
HB 1450 should be acted on by the Senate Judiciary Committee early this coming week, with a possible vote later in the week.
We continue to work with the Senate Judiciary Committee to pass the bill out with a “Do Pass” recommendation on the original bill, or only with amendments which might further clarify and improve the original intent. HB 1450 simply seeks to define human life and protect that life.
A great deal of discussion has centered on the ‘in vitro’ issue, and has been used to detract from the fundamental purpose of the bill. Opponents contend this will would prohibit IVF. It does not!! As shared in the Q & A below, it only prohibits the intentional destruction of “excess” embryos that have been mass produced, sometimes known as ‘selective reduction’. No one should support creating excess embryos, with the intention of destroying the unwanted embryos.
HB 1450 does not ban in vitro fertilization, nor seek to hamper in vitro efforts if those efforts do not willfully result in the destruction of human embryos. For opponents of the bill to categorically charge that “the bill would put the in vitro clinics out of business”, is false. Similar bill language exists in Louisiana, and numerous IVF clinics continue to thrive there. In addition, to assert that the ‘prolife’ community which cherishes life, the creation of life, and the protection of life—is seeking to prevent the creation of life---is an argument which defies logic, and should be dismissed for what it—‘a red herring’ to distract from the primary goal of the bill.
HB 1450 allows for emergency contraception—contraception administered before a ‘clinically diagnosable’ pregnancy.
Some have asked who is supporting this measure which “defines human life and provides equal protection under the law for all human beings in North Dakota, including unborn children”? Well, 68 members of the ND House voted for it. All of the ‘life’ community organizations supported HB 1450 as it passed the House. And a large majority of North Dakotans are in favor of equal protection for all, including the unborn. In fact, after the defeat of HB 1572 during the 2009 legislative session, a bill similar to HB 1450---the life community rose up in support of another bill to protect the unborn. HB 1450 addresses those valid concerns raised in 2009, and now has broad support.
Who stands in opposition to the bill? Planned Parenthood. Some who fail to share the same respect for the sanctity of life, whether that be in the womb or as an embryo in an in vitro environment. Some in the IVF industry who fail to treat the human embryo with the respect deserving of equal protection.
The purpose of this bill is to provide equal protection under the law for all human beings, including the unborn. This is serious business. That is why the bill language is in the criminal code. The taking of innocent life must end.
Please ask your district senator to support HB 1450, as introduced, and contact the Senate Judiciary Committee as well.
Contact info below, and Q & A.
HB 1450 - House passed 68-25
Title: Relating to the application of sections in chapter 12.1-17 to certain medical procedures, relating to the definition of human being and the application of sections in chapter 12.1-16 to certain medical procedures.
For original TEXT of bill, click here.
For ACTIONS of bill, click here.
Overview of HB 1450, The Defense of Human Life Act:
What does this bill do? HB 1450 provides equal protection under the law for all human beings in North Dakota, including unborn children. Thus the bill would make all abortions (other than to save the mother from a life-threatening condition) criminal homicides.
Does the bill protect the life of the mother? Yes, the bill explicitly allows treatment for life-threatening conditions even if they result in the death of another person (i.e. the unborn child).
Does the bill protect mothers from prosecution? Yes, the bill explicitly exempts the mother from punishment for any harm to her unborn child whether the harm was intentional or unintentional.
Does the bill allow IVF? Yes, the bill explicitly states that it allows IVF. Louisiana has adopted identical language regarding embryos created for fertility treatment and IVF clinics in Louisiana have remained fully functional. The bill would only prohibit treatments that require the intentional destruction of “excess” embryos that have been mass-produced even though they are unwanted. Responsible, nondestructive methods would not be prohibited.
Does the bill have an exception for rape? The bill treats all unborn children (including those conceived in rape) as human beings. The bill allows any contraception administered before a pregnancy is “clinically diagnosable.” Thus emergency contraception (also known as the morning after pill or plan B) is not prohibited for anyone and this is the treatment most commonly given to rape victims.
Could this be upheld in Federal Court? Yes, it has been 20 years since the last major Supreme Court ruling that found a constitutional right to an abortion. Since that time 2/3 of the court has been replaced and awareness of the humanity of the unborn has grown dramatically. The uncertain outcome of a possible future court challenge is hardly a reason for the state of North Dakota to refuse to provide equal protection under the law for all human beings in this state.
NDFA supports HB 1450 as introduced.
To contact your legislator, click HERE
Senate Judiciary Committee
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Dave Nething - Chairman |
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Curtis Olafson - Vice Chairman |
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HB 1297 will be coming out of the Senate Human Service Committee, has NDFA support, and needs yours as well. Encourage your senator to support HB 1297.