'Not in our purview': Des Moines council votes to leave abortion to state, federal government
Abortion and reproductive health care matters should be left up to state and federal government — not the city, a majority of Des Moines City Council members decided at Monday night's meeting.
In a 5-2 split, council members voted against holding a discussion about a resolution that would have limited police and city officials' ability to investigate someone for accessing or providing abortions in Des Moines. All council members except for Josh Mandelbaum, who drafted the resolution, and Ward 1 council member Indira Sheumaker voted against a discussion — though not without heated debate.
"This is not in our purview," Ward 4 council member Joe Gatto said, calling the proposal a "political stunt" before he made a motion against holding a workshop. "This shouldn't even be on our agenda. There is nothing we can do. The fight is a federal and a state (issue) — and it's right up there at the Capitol. It's not right here at City Hall."
At-large council member Connie Boesen seconded the motion.
"I believe in women's rights. I believe we have a choice. I believe all of that," Boesen said. "I don't believe these things are what we in the city should be doing and can do."
Mandelbaum's failed proposal followed a June ruling by the Iowa Supreme Court that overturned a 2018 decision enshrining abortion as a "fundamental right." That same month, the U.S. Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey — two federal decisions that for decades had limited state restrictions on abortion.
Abortions remain legal in Iowa up to 20 weeks of pregnancy, and a July Des Moines Register/Mediacom Iowa Poll found 60% of Iowans favor keeping abortion legal in most or all cases. But in the wake of the court decisions, lawyers for Gov. Kim Reynolds are seeking to revive a six-week abortion ban, which a Polk County judge blocked after it received legislative approval in 2018.
Mandelbaum: Des Moines should join other cities, act to protect abortion access
Mandelbaum told the Register last week that he believes Des Moines should do its part to safeguard access to abortion for residents in a state that could impose further restrictions on reproductive health care. Other cities across the country have taken action to protect abortion access following the U.S. Supreme Court's decision, he said, and the resolution would send a signal to the community that Des Moines is not idly standing by.
"We know with what the U.S. Supreme Court did (in overturning nationwide legal protections for abortion rights) … they explicitly said this is better to be decided by local elected officials who are closest to the consequences," Mandelbaum said. "We're actually even closer to the consequences of these actions than some of these state officials.
More:With Roe v. Wade gone, Iowa argues courts should lift injunction on 'fetal heartbeat' abortion ban
"Our constituents are directly impacted. It's the people in our community who are going to lose access to health care directly if the governor is trying to reinstate the 'fetal heartbeat' bill," he said, which would ban abortion after about six weeks of pregnancy, when an embryo's heart begins to develop and emit electrical impulses.
Mandelbaum's proposal addressed how the city would use its resources to enforce state law if the law changes. It proposed making any enforcement related to abortion, the "lowest priority for enforcement and the use of City resources."
The proposal also would have required the council to work on an ordinance that would prohibit discrimination that, for example, could prevent a person from getting a house or employment based on reproductive health decisions, Mandelbaum said.
Under his proposal, the city also would draft an ordinance to reimburse its employees for travel relating to receiving reproductive services if they were no longer available in Iowa.
"I identified specific things that are within our purview, within this issue, knowing it's part of a broader discussion," Mandelbaum said before the council Monday night. "But this resolution focuses specifically on the things we can do and we should do."
More:See what Chuck Grassley, Mike Franken say about abortion and inflation in Iowa's U.S. Senate race
Sheumaker echoed Mandelbaum's comments.
"This is in our purview. It 100% is, every single piece of it is. And it is not a political stunt to try to protect our residents. However, it is a political statement to deny this," she said, drawing applause from some people in attendance. "And every single one of you here (is) taking a stance when you vote on this today."
Gatto to fellow council members: 'We can't do anything'
Sheumaker also claimed Des Moines Mayor Frank Cownie did not give council members the opportunity to have a discussion about the proposal before a motion to vote was made, "and that's why we're discussing it now," she said.
"There's a vote on the table," Gatto said after some back and forth among council members. "Vote no if you don't like it. That's the end of it. Period. We can't do anything."
Before calling for the vote, Cownie called reproductive health care an "intimate and personal issue," and said he supported the right for residents to make decisions regarding their health care.
"However, I want to reiterate … this (issue) is at the purview of the state and federal governments," he said. "As elected officials for the city of Des Moines, it is our duty to protect and improve the health and well-being of our residents with the tools and processes afforded to us. And you have my assurance that we're going to continue to do that."
Virginia Barreda is the Des Moines city government reporter for the Register. She can be reached at vbarreda@dmreg.com. Follow her on Twitter at @vbarreda2.
This article originally appeared on Des Moines Register: Des Moines to leave abortion matters to state, federal government
