A U.S. judge in Guam on Friday blocked the territory’s new abortion law, the nation’s most restrictive, and Maryland lawmakers considered a two-bill package that would let voters decide on pro-choice or anti-abortion measures.
In Idaho, more than 50 junior high school students staged a brief sit-in in the office of Gov. Cecil Andrus, protesting the Legislature’s passage of a law that would ban more than 90 percent of the abortions performed in the state.
They demanded that the governor veto the legislation, which was approved Thursday and is the most restrictive abortion measure passed by any state legislature.
Either the Guam law, or the Idaho law could provide the basis for a direct challenge to the U.S. Supreme Court’s landmark 1973 Roe vs. Wade decision that legalized abortions.
The Maryland Senate on Thursday approved and sent to the House of Delegates a complicated compromise to end an eight-day filibuster on the abortion issue.
Under the compromise, an abortion rights bill permitting unrestricted abortions during the early stages of pregnancy will become law unless voters reject it in November. Voters must sign petitions to get it on the ballot.
If it is rejected, then a bill sponsored by anti-abortion senators will become law — unless it also is defeated by voters. Under that bill, abortions could be performed in cases of rape or incest, to protect the mother’s life or if the pregnancy would produce serious and adverse effects on the woman’s health.
Both measures would have to be passed by the House and signed by the governor. If one of the measures is rejected, the other one dies.
House leaders met Friday and have promised quick consideration of the package.
In Agana, Guam, U.S. District Judge Alex Munson issued a temporary restraining order blocking enforcement of the territory’s new law, a few hours after a group of Guam residents and medical groups filed a class-action lawsuit. He scheduled a hearing for Monday on whether to extend his order.
The plaintiffs included “Maria Doe,” a Guam woman who is eight weeks pregnant and wants an abortion, the Guam Society of Obstetricians and Gynecologists, the Guam Nurses Association, an Episcopal priest and three doctors.
Defendants include Gov. Joseph Ada, who signed the bill into law Monday, and territorial Attorney General Elizabeth Barrett-Anderson, who advised the Legislature that the bill was unconstitutional before it was approved.
Rachael Pine, staff attorney for the American Civil Liberties Union’s Reproductive Freedom Project in New York, said the lawsuit cites violation of constitutional guarantees of right to privacy, due process, free speech, equal protection, guarantees of religious freedoms and freedom from slavery.
Guam’s law prohibits abortions except when a pregnancy endangers the life of the mother. It makes it a felony to perform abortion or aid in the procedure, and a misdemeanor for a woman to solicit or have an abortion, or for a person to solicit a woman to have an abortion.
The law provides for a referendum on the Nov. 6 ballot for Guam voters to decide whether to retain or reject the law.
Guam’s law is more restrictive than the bill passed by the Idaho Legislature.
The Idaho bill would ban abortion except in cases of non-statutory rape reported within seven days, incest if the victim is younger than 18, severe fetal deformity or threat to the mother’s life or physical health. It would ban more than 90 percent of the 1,500 abortions performed in Idaho annually.
“Idaho was one of the first states to give women their rights, and now they want to take them away from us,” said 15-year-old Michele May, one of those protesting at the governor’s office in Boise. “We can’t let them do that.”
If Andrus signs the bill, the law would take effect July 1, and abortion rights groups have promised a quick court challenge. The governor has not said what he would do.
In Washington, D.C., Guam’s congressional delegate worked to head off retaliation from colleagues resulting from the abortion law.
Rep. George Miller, D-Calif., sent a letter to colleagues Thursday, urging them to withdraw support for a bill to provide commonwealth status for Guam.
“States and territories may have the right to pass laws that deny women the right to choice, but no government has the right to deny its citizens freedom of speech,” Miller’s letter said.
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