Abortion bill facing Senate challenges

Published 5:30 am Friday, May 3, 2019

The Alabama House of Representatives bill that makes abortion a felony is drawing wide interest from both sides of the Roe v. Wade issue, but whether this version makes it to the governor’s desk will rest with the state Senate.

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House sponsor Terri Collins, R-Decatur, has made her view clear that the bill, in the House form, is intended to get to the U.S. Supreme Court and establish that an unborn child is a person.

“The contention of Roe v. Wade is that a baby who is unborn is not a person. I believe it was a bad decision,” Collins said. “Let’s let Roe v. Wade be revisited in the Supreme Court. This bill simply addresses the contention of Roe v. Wade that a babt unborn is not a person.”

The bill’s only exception for abortion is that the mother’s life is in danger. But Collins said she has long favored the “heartbeat bill,” which establishes that once a heartbeat is detected before birth, abortion should not be allowed or attempted.

She also said maintaining exceptions for rape and incest have been past inclusions in her bills, but reiterated that the HB 314, which passed the House Tuesday in a 74-3 vote, is designed as a challenge to the Supreme Court’s initial passage of Roe v. Wade in the 1970s.

“Ever since Roe v. Wade was ruled, states have been trying to pass legislation to amend it or to establish that a child with a heartbeat is a person,” Collins said. “Millions of dollars have been spent. The states need to have a say, too.”

Rep. Corey Harbison, R-Good Hope, one of the co-sponsors of the bill, said he supported it for the reasons Collins has expressed.

“We know it’s going to be a challenge, but the intent and hope is to get it before the Supreme Court,” Harbison said.

Rep. Randall Shedd, R-Fairview, said he supported the bill and its intent.

“The intent is clear. I hope it can go to the Supreme Court and abortion will be illegal in our country,” he said.

Sen. Garlan Gudger, R-Cullman, said he expects a lot discussion on the bill when it reaches the Senate.

“I know we will look at the ramifications of the bill,” Gudger said. “We’re aware, too, that a lot of the heartbeat bills have been passing in other states. We know there will be a lot of discussion.”

Under Collins’ bill, abortion would become a Class A felony, which carries a maximum prison sentence of 99 years, and attempted abortion a Class C felony, which holds a sentence of up to 10 years in prison.

All Republicans voted in favor of the bill, except for two who didn’t vote. Nearly all Democratic House members chose not to vote, walking out of the House chamber in protest.

Democrats attempted to add amendments to ensure exceptions for rape and incest, but those efforts were tabled.

The exceptions for rape and incest are expected to be an issue in the Senate, although Collins said some members of the Senate she has spoken to have been favorable and understand the intent of the bill.

Senate President Pro Tempore Del Marsh, who is a Republican, said last week he’s always held the “position on any pro-life bill that you have to take consideration of rape, incest and the health of the mother,” the Montgomery Advertiser reported.

The American Civil Liberties Union of Alabama has encouraged the Senate to not pass the bill, warning that it will file suit if it passes in the current form.

The Senate Judiciary Committee is expected to begin vetting the bill Tuesday or Wednesday.