NJ Abortion Law Sees Fierce Controversy; Here’s What It Will Do
NEW JERSEY — A woman’s right to have an abortion is now cemented in New Jersey state code. But a fierce debate over the Freedom of Reproductive Choice Act continues among local advocates, conservatives, religious leaders and lawmakers.
On Thursday, Gov. Phil Murphy signed A6260/S49. The bill will ensure access to abortions in New Jersey, even if a future U.S. Supreme Court decision strikes down the 1973 Roe v. Wade decision.
The bill passed the New Jersey Senate 23-15 and cleared the Assembly 46-22, with abstentions from five Democrats and three Republicans. Read More: NJ Abortions Now Protected By Law; Activists Seek Accessibility
Under the new law, the “fundamental right of reproductive autonomy” is guaranteed in the state. All qualified health care professionals are allowed to carry out abortions, including advanced practice nurses, physician assistants and certified midwives, who were cleared to perform “early aspiration terminations of pregnancy” under new state regulations issued in December.
The law falls short of what some advocates had demanded, however, and doesn’t include a proposal that would have required health insurance companies to cover abortions and birth control at no cost, out of pocket.
“In New Jersey, we trust each individual person to make their reproductive choices for themselves,” Murphy said at a news conference on Thursday.
“We won’t sit idly by as the future of Roe v. Wade hangs in the balance,” the governor added.
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DEMOCRATS: ‘CRITICAL FOR PROTECTING NJ RESIDENTS’
Legislators behind the effort have argued that it’s urgently needed to make sure there is a safety net in New Jersey in case federal abortion rights are overturned.
The bill’s sponsors in the Assembly – Valerie Vainieri Huttle, Mila Jasey and Raj Mukherji released a joint statement earlier this week. The Democratic lawmakers wrote:
“Everyone has the right to reproductive choice, yet there have been far too many attempts throughout our country to control the decisions a person can make in that regard. Legal challenges to the reproductive rights of Americans, which have steadily increased in recent years, threaten to limit access to family planning services. This legislation is critical to protecting residents of our state from infringements on their reproductive rights, regardless of what happens at the federal level. We firmly believe everyone deserves the ability to make their own personal health choices when it comes to birth control, abortion and pregnancy-related care. This act will promote the health and well-being of the people in our state while showing the country that New Jersey stands for compassion, dignity and freedom.”
Former Senate Majority Leader Loretta Weinberg, lead sponsor of the bill in the Senate, also praised Thursday’s signing.
“With a woman’s right to choose under Roe v. Wade under attack in the U.S. Supreme Court, it is critical that we have enacted legislation rooted in the New Jersey Constitution that clearly and unequivocally protects freedom of reproductive choice, including the right to access contraception, the right to terminate a pregnancy, and the right to carry a pregnancy to term,” Weinberg said.
The law also got a big thumbs up from Lt. Gov. Sheila Oliver, who praised the lawmakers who pushed for the bill.
“Reproductive health and the ability for women to make medical decisions about their own bodies are fundamental rights that should never be taken away,” Oliver said. “Today, we are codifying those rights into law in New Jersey.”
REPUBLICANS: ‘CAN YOU ABORT THAT CHILD?’
Meanwhile, several Assembly Republicans criticized the bill after its passage in the Legislature on Monday.
Assemblywoman Aura Dunn said she was worried that the bill lacked any kinship notification and would “leave young girls alone during a most traumatic event.”
“Seven states, including Delaware and Massachusetts, permit a minor to obtain an abortion if a grandparent or other adult relative is notified of this medical decision,” Dunn said. “We know a teen’s brain isn’t fully developed until the age of 25 or so. We also recognize the adolescent mental health crisis we are in. How do we help them cope?”
Assemblywoman Serena DiMaso questioned the ethics of having a “late-term abortion.”
“Have you seen the technology that we have today?” DiMaso said. “Have you seen that baby in a mama’s womb? I have. I have a 1-year-old grandson. And when I tell you that the picture they sent me when he was just 28 weeks old, that it looks just like he looks on my little medallion here – I want you to ask yourself, ‘Can you abort that child?’”
Others who spoke out included:
Assemblyman Jay Webber – “Abortion is the leading cause of death in the state of New Jersey. Forty-eight thousand abortions a year in the state of New Jersey. That’s more than deaths from heart disease, more than deaths from cancer, more than deaths from COVID. In fact, it’s more than deaths due to heart disease and cancer combined. That’s how serious and important and significant this issue is. This bill and the rhetoric we’ve heard from the other side is: any abortion, at any time, for any reason, on any one, paid for by the taxpayer.”
Assemblyman Antwan McClellan – “There is a troubling disparity with African Americans and white Americans as far as abortion is concerned. I would like to have this bill amended to include a study. The study would look at the glaring differences in communities concerning the rate of abortions.”
CHURCH LEADERS: ‘ALL LIFE IS SACRED’
A group of Catholic religious leaders also expressed “profound disappointment and deep concern” about the new law.
The Catholic Bishops of New Jersey released a statement about the Freedom of Reproductive Choice Act on Wednesday. It was signed by Cardinal Joseph Tobin, archbishop of the Archdiocese of Newark, and bishops from Paterson, Trenton, Metuchen, Camden and Bayonne.
They wrote:
“This law departs from the fundamental Catholic teaching that all life is sacred from conception to natural death. Even more distressing is that the legal and ethical calculus that underlies this new legislation absolutely and forthrightly extinguishes the human and moral identity of the unborn child. Perhaps the legislators who rushed through this Act in the waning moments of their terms did not want citizens to understand fully its inhuman and lethal consequences. We have failed as a society when a response to any pregnancy is fear rather than joy. Sadly, too often this fear is born out of the mother’s uncertainty she will not be able to provide for herself and her child the resources necessary to live a flourishing life. We must do better. Therefore, we urge all Catholics and people of good will to actively participate in breaking down the economic, employment, social, racial, and emotional barriers that lead mothers into thinking that abortion is a better option than life.”
The bishops added:
“For our part, the Catholic Church is committed to broadening and increasing awareness about the abundant resources and programs we offer that include life-affirming health and prenatal care, emotional support, assistance in bearing and raising her child, and basic needs such as housing, food, and clothing to pregnant mothers seeking or considering alternatives to abortion.”
ADVOCATES: ‘ABORTION WITH DIGNITY’
Many progressive groups and freedom of choice advocates had mixed reactions to the law.
Some said it is a crucial step forward, especially at a time when the future of Roe v. Wade is so uncertain. But others said it’s a far cry from what they have been fighting for over the past few years – a major expansion of reproductive rights in New Jersey.
“This bill was introduced after more than a year of advocacy for the Reproductive Freedom Act, a bill that not only protected our rights, but also included several provisions to expand access to reproductive health care services for all New Jerseyans,” the Planned Parenthood Action Fund of New Jersey said.
“[The law] excludes provisions from the original Reproductive Freedom Act that ensure all New Jerseyans, including our undocumented community members, individuals who lack insurance coverage, and individuals whose insurance does not cover the cost of abortion care and birth control can access the reproductive health services they need,” Vice President of Public Affairs Kaitlyn Wojtowicz said.
“These provisions included a mandate for insurance to cover abortion, prenatal care, and birth control without any out-of-pocket costs, breaking down a major financial barrier that many New Jerseyans face,” Wojtowicz continued. “As we have said throughout our advocacy, to exercise one’s right to abortion, contraceptives and carrying a pregnancy to term, one must be able to actually access the full range of health care.”
According to the ACLU-NJ, the law will protect abortion rights by expanding existing state constitutional legal protections recognized by the New Jersey Supreme Court. But it doesn’t go far enough, advocates say.
“With Gov. Murphy’s signature today, New Jersey reaffirmed and protected the right to abortion,” ACLU-NJ Executive Director Amol Sinha said.
“In light of ongoing attacks on reproductive rights across the country, codifying a declaration of strong, unwavering rights is crucial,” Sinha said. “However, far too many New Jerseyans remain unable to access this fundamental right. We urge our state’s leaders, through legislation and regulatory action, to not only affirm reproductive freedom, but make it truly accessible by lifting financial barriers to ensure we do not leave any communities behind.”
The Thrive New Jersey coalition had similar concerns. The group wrote:
“While we recognize codifying the right to abortion as an important first step, this bill does not address the very real gaps in access that many New Jerseyans face when trying to exercise these rights. Our coalition will continue to advocate for meaningful policy changes through legislative and administrative action, so that everyone in New Jersey — regardless of where they live, their income, or immigration or insurance status — can make decisions about birth control, prenatal care, and abortion with dignity.”
“With reproductive autonomy and rights on the line in the U.S. Supreme Court, New Jersey just sent a clear message to the country that our state values the protection of abortion rights,” said Sheila Reynertson, a senior policy analyst at New Jersey Policy Perspective.
“More meaningful reform is needed, though, so that everyone has access to this time-sensitive care, regardless of their income or immigration status,” Reynertson added. “The reality is that, ever since Roe v. Wade was decided, abortion care has been out of reach for far too many people in New Jersey. Those without any insurance or with inadequate insurance still need help paying for a procedure they might not be able to afford, including travel costs or covering high co-pays.”
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This article originally appeared on the Montclair Patch
