Social conservatives seek doubling down on abortion restrictions
Feb. 9—CONCORD — Social conservatives' efforts to impose more restrictions on legal abortions in New Hampshire attracted emotional testimony from backers and foes Wednesday.
State Rep. Susan DeLemus, R-Rochester, spoke for legislation to give a biological father the right to go to court to try to block a woman's abortion (HB 1181).
DeLemus said to this day she regrets deciding 33 years ago to abort her fetus over the father's objections.
"My husband came to me because I told him I was going to abort the baby and kill it and he begged me not to," said a sobbing DeLemus, speaking to the House Judiciary Committee in Representatives Hall.
"He said, 'Please let me raise the baby' and 'I will raise the baby.' I was selfish and I made a horrible decision. It was the worst decision I have made in my entire life."
Sarah Smith of Pembroke said that if same bill had been in place 40 years ago, her rapist could have tried to prevent her from terminating a pregnancy.
"There is no way somebody who has been raped should have to face this situation without having to deal with it on her own terms, not file a petition, not anything else," Smith said. "This gives all the weight to the father. How is this fair?"
Last year, the Legislature attached a ban on abortions after 24 weeks to the state budget, with criminal penalties for health providers who violate it and no exceptions for rape, incest or fetal abnormality.
Wednesday's hearings were the first on legislation to restrict abortions since the law took effect Jan. 1.
Last week, the state Senate rejected attempts to repeal the abortion ban, add exemptions to it or remove criminal penalties.
A second bill (HB 1477) taken up Wednesday would ban abortions once a fetal heartbeat can be detected — roughly five to six weeks after conception.
A third bill (HB 1625) would repeal so-called "buffer zones" — areas right outside abortion clinics where protesters are not permitted.
While these hearings drew few who testified in person, Planned Parenthood of Northern New England reported more than 2,000 signed to up to oppose each one.
The bill that had the largest number sign up in support was the buffer zone law, with 141 in favor.
On Thursday, the same House committee takes testimony on two House bills and a constitutional amendment (CACR 18) headed in the opposite direction. One would repeal the abortion ban (HB 1673), and the other would prevent any further restriction of a woman's legal right to an abortion (HB 1674).
Giving fathers a say
State Rep. Jeffrey Greeson, R-Wentworth, said it's common sense to give biological fathers some legal ability to assert rights before an abortion.
The landmark Roe vs. Wade decision of 49 years ago gave women legal rights to abort an early-term fetus but didn't ensure fathers had any role in that decision, he said.
"No uterus, no opinion is not the law. It is just the standard operating procedure since 1973," Greeson said. "This bill ensures the greater burden is placed on the father, but at least now the father has legal rights."
Women's reproductive health professionals, abortion-rights activists and civil libertarians said the bill stripped women of their reproductive freedom with no penalty for men who bring false claims of fatherhood.
Josie Pinto, founder of the Reproductive Freedom Fund of New Hampshire, said if passed, this bill would permit a judge to block an abortion because the woman failed to show up in person for a hearing on a parent's injunction bid.
"This is a blatant denial of due process for pregnant people and a major denial of constitutional rights," Pinto said. "None of this is OK."
Critics said the bill contains no financial or child-rearing requirements for the father after the child is born.
"I don't think I have ever seen a more ludicrous anti-abortion law in all my years here," said Dr. Oge Young, a retired OB-GYN with 35 years of experience and a past president of the New Hampshire Medical Society.
Comparing NH with Texas
Not wanting to settle for the 24-week abortion restriction, Rep. David Testerman, R-Franklin, said outlawing the procedure once a fetal heartbeat can be detected is a moral imperative.
"I would like to keep abortions illegal. It's not really a pro-life bill; it's an anti-pro-death bill," Testerman said.
"We need a bill that clearly states we do not believe in murder in the womb, period."
Dr. Micah Ulrich, a Lebanon doctor completing her OB-GYN training, said many women don't present as pregnant until six weeks.
"This bill makes time of the essence — six weeks at best and that's only if they even know they are pregnant," Ulrich said.
Dr. Charlotte Hastings said she trained in Texas but left after that state adopted abortion restrictions she said filled counseling rooms full with young teens who had to carry unwanted fetuses to term.
"I do not want New Hampshire to become Texas. I want us to protect our girls," Hastings said.
Mariah McCarron, the New England coordinator for Students for Life Action, presented 1,000 petitions in favor of Testerman's bill.
"Women deserve better than the violence of abortion. They deserve compassionate solutions to their challenges that do not cost the lives of their children," McCarron said.
"As a society, New Hampshire can and must do better. "
