Competing abortion proposals filed ahead of NH's next legislative session

Rick Green, The Keene Sentinel, N.H.
Updated ·3 min read
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Nov. 23—Republican state Rep. Dave Testerman of Franklin is proposing legislation that would prohibit abortions after detection of a fetal heartbeat, although he says there's probably not enough support for the measure to pass when lawmakers reconvene next year.

Even some of his GOP colleagues aren't likely to vote for it, he said.

"There are a lot of people who are afraid of the publicity, so I suspect we've got a lot of people who will hide in the corner on that front," Testerman said.

The exact wording of the bill isn't available yet, but Testerman thinks it would require detection of fetal heartbeat by a stethoscope, which he said likely occurs at about 12 to 16 weeks of pregnancy.

His proposal comes in the form of a Legislative Service Request, which asks that state staff write the restriction into an actual bill. Tuesday was the last day for lawmakers to submit LSRs for the upcoming session.

During the Nov. 8 state-election campaign, many Democratic candidates criticized Republicans for approving legislation last year that prohibits most abortions after 24 weeks of pregnancy. Democrats gained seats in the election, and the N.H. House is now nearly evenly split, pending recounts still underway.

Testerman said Republicans didn't push back hard enough on this Democratic criticism.

He said the 24-week limit now in place in New Hampshire is similar to the viability standard in the U.S. Supreme Court's landmark 1973 Roe v. Wade decision, which the court overturned in June, ending a constitutional right to the procedure and leaving the issue in the states' hands.

N.H. House Majority Leader Jason Osborne, R-Auburn, said in an interview with N.H. Public Radio in July that he would fight efforts to further limit abortion in the state and Republican N.H. Gov. Chris Sununu has described himself as pro-choice, even though he signed the 24-week restriction.

Meanwhile, Rep. Amanda Elizabeth Toll, D-Keene, has submitted an LSR for a proposal to allow voters to approve a measure to enshrine reproductive rights in the N.H. Constitution. She also supports a separate bill to create a law guaranteeing access to abortions in the state.

Toll, too, said it might take longer than just one year for such measures to be passed. She made similar efforts last session that failed to win passage.

"It is important that even when the cards feel stacked against us, we continue to work towards the changes that we know our constituents want," she said in a written statement Tuesday. "I think the quote 'It always seems impossible until it is done' has played out throughout American history and is true here as well.' "

She said Testerman's legislation is extreme and "out of touch with the majority of Americans and Granite Staters."

For his part, Testerman, 78, said he feels it's important that he propose anti-abortion legislation, even if there isn't much chance for passage.

He compared his efforts to ban abortion to that of British politician William Wilberforce, who worked to abolish slavery in the British Empire for 40 years. It was accomplished in 1833, the same year he died.

"I probably won't be around for 40 years, but I'll keep trying," Testerman said.

Rick Green can be reached at rgreen@keenesentinel.com or 603-355-8567.