Reproductive ‘shield law’ moves forward in WA state Legislature, but not without opposition

A shield law to protect those from out of state who seek reproductive and gender-affirming healthcare in Washington continued to advance in the Legislature Thursday, where a public hearing was held for the proposed bill.

House Bill 1469 is sponsored by Rep. Drew Hansen, D-Bainbridge Island, and is co-sponsored by 26 other House Democrats.

Before the U.S. Supreme Court overturned Roe v. Wade with the Dobbs v. Jackson Women’s Health Organization decision last June, Hansen said Washington lawmakers were already aware of other states such as Texas acting in “creative and aggressive ways to restrict abortion.” After the Dobbs decision, more states have further criminalized abortion as well as gender-affirming care, Hansen added.

“If other states want to be creative and aggressive in restricting abortion, Washington state can be creative and aggressive in fighting back and that’s exactly what this bill does — it eliminates the ability of other states to commandeer Washington state courts and Washington state judicial processes to enforce their own laws,” Hansen told the Senate Law and Justice Committee on Thursday.

“They are free to make their own public policy choices, but we are free to restrict their ability to use our courts and our judicial processes to enforce those choices when they are contrary to the choices of Washington state.”

He said law enforcement is comfortable with the language in the House version of the bill that passed.

The proposed legislation prevents other states from interfering with their residents who choose to seek care in Washington. Washington courts and law enforcement agencies would be restricted from complying with warrants, subpoenas, extradition or other court orders pertaining to those seeking reproductive or gender-affirming care in the state.

Businesses also would be restricted from complying with records requests and subpoenas related to a person from out of state seeking healthcare in Washington.

A cause of action is created in the bill in the event criminal actions are filed to prevent interference with protected health care. The Attorney General also would be authorized to bring action against those violating the law.

The legislation also sets definitions in statute for reproductive health care services as well as gender-affirming treatment.

Testimony from the public Thursday ranged from many in strong support of the measure to those firmly against it

Dr. Annie Iriye, an obstetrician-gynecologist from Olympia who represented the American College of Obstetricians and Gynecologists, testified in support of the legislation.

She said healthcare providers like herself provide comprehensive reproductive healthcare services to patients in Washington, and that abortion is considered part of routine care.

Iriye said the bill would provide protections for providers and those seeking care in Washington, and that the bill would protect providers from legal challenges imposed by other states.

“While Washington state is already a haven state, this bill would further protect these patients as well as our healthcare providers,” Iriye said.

Others were not supportive of the measure.

Alex Chrostowski, who represented Gays Against Groomers, a far-right anti-LGBTQ+ group, said the proposed bill takes “extreme and aggressive steps” to override parental rights as well as other states’ rights.

Chrostowski said she believes that HB 1469 combined with another proposed law this year to protect youth and young adults seeking reproductive and gender-affirming care would create “the perfect conditions for child sex trafficking” and also creates incentives for individuals to abuse provisions outlined in the bill to violate custody agreements.

“The irony of this bill being coined the ‘shield law’ is not lost on us,” she said. “You are not shielding children, you are shielding those who would abuse them. Gender-affirming care is a disgusting euphemism for child abuse.”

HB 1469 is one of several reproductive healthcare bills that were introduced this session.

The bill is scheduled for an executive session on March 22. If passed by the Senate with no further amendments and signed by Inslee, the bill would go into effect immediately.

The last day of the legislative session is April 23.