Pa. House passes bill to protect out-of-state expectant mothers who seek abortion care
Nov. 17—HARRISBURG — Lawmakers in the Pennsylvania House of Representatives passed a bill to protect expectant mothers traveling from states that have banned abortion rights to the commonwealth for reproductive care and they did it in just three weeks.
State representatives voted 117-86 to pass House Bill 1786, which would prevent courts across Pennsylvania from cooperating with investigations seeking to enforce out-of-state anti-abortion laws.
The vote garnered support from 15 Republicans and all but one Democratic member — Rep. Frank Burns, D-Cambria, who voted in opposition. The bill advances to the state Senate where a Republican majority makes it less likely it will receive consideration let alone a favorable floor vote toward becoming law.
Rep. Mary Jo Daley, D-Montgomery, introduced the proposed legislation on Oct. 24. It advanced along party lines out of the House Judiciary Committee on Monday and cleared the House Appropriations Committee on Wednesday before being passed on the floor — a rapid advance in a legislative system otherwise known for slow and deliberate action.
"The U.S. Supreme Court's Dobbs decision to reverse nearly 50 years of precedent regarding abortion access was just the opening salvo in a multi-pronged attack on women's reproductive rights," said House Speaker Rep. Joanna McClinton, D-Philadelphia/Delaware, referring to 2022 ruling striking down protections once afforded by Roe v. Wade.
"But in Pennsylvania, we're not going to allow extremists in other states to use our courts and law enforcement to assist in the harassment of women seeking or health care providers delivering care," McClinton said.
Under the bill's terms, judges would have no authority to order the service of court papers and county prothonotaries would be barred from issuing subpoenas concerning the enforcement of an out-of-state abortion ban.
The bill would prevent law enforcement in Pennsylvania from taking someone into custody on anti-abortion allegations and would stipulate that out-of-state law enforcement wouldn't have the authority to make an arrest in the commonwealth for such alleged crimes. Even the governor would be prevented from ordering such an arrest.
During the Judiciary Committee's review of the bill, supporters argued that the measure is necessary to protect vulnerable expectant mothers seeking health care in Pennsylvania where abortion remains legal up to 24 weeks.
Opponents said the bill risks stripping victims of botched reproductive care, or a crime committed during the course of that care, from seeking legal remedy. And, there were questions as to whether it would violate the U.S. Constitution's Full Faith and Credit Clause — that states respect laws and court judgments from other states.
In the wake of last year's Dobbs decision, 14 states enacted abortion bans.
Alabama's attorney general went as far as to threaten to prosecute anyone aiding another person in seeking an abortion out of state. The U.S. Department of Justice says the U.S. Constitution protects interstate travel to engage in lawful conduct, such as undergoing an abortion in a state like Pennsylvania where it's legal.
