Abortion rights bills die in N.H. Senate
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Apr. 13—CONCORD — The debate over abortion rights at the State House effectively ended for the year Thursday when all 14 Senate Republicans voted to kill two House-passed bills to enshrine abortion rights in state law and to repeal criminal penalties against doctors who perform abortions after 24 weeks.
Both proposals, HB 88 and HB 224, narrowly cleared the closely divided House of Representatives with a smattering of GOP support last month, but each was voted down in the Senate on 14-10 votes, with all Senate Democrats supporting them.
Senate Majority Leader Sharon Carson, R-Londonderry, said the ban on abortions after 24 weeks that lawmakers adopted in 2021 had the support of most residents and was the law in more than 40 states.
"The only confusing rhetoric is that which is coming from special interest groups, looking to instill fear and confusion in the women of our state," Carson said.
"Here in the 'Live Free or Die' state, we value personal freedom," Sens. Becky Whitley of Hopkinton and Rebecca Perkins Kwoka of Portsmouth said in a joint statement.
"Because abortion rights are inseparable from equality, Senate Democrats will continue to fight for reproductive freedoms and the right to access abortion care."
Gov. Chris Sununu supported the bill eliminating the criminal and civil penalties against doctors.
Cornerstone Action, a socially-conservative organization, criticized Sununu and praised the Senate's decision.
"This was a battle that New Hampshire's pro-life community never should have needed to fight," Executive Director Shannon McGinley said in a statement.
"Make no mistake about what this bill was: HB 224 was a bill to legalize the elective abortion of viable children older than six months' gestation. By voting for this bill, our state House committed a monstrous act, beyond the pale in any other state similar to New Hampshire.
"Thankfully, because of the votes of our senators today, viable pre-born children across the Granite State will remain protected."
High hopes dashed
Kayla Montgomery, executive vice president of Planned Parenthood of Northern New England, had predicted early on in the 2023 session that abortion rights backers would achieve breakthroughs.
"It is incredibly disappointing that the New Hampshire Senate has refused to listen to our state's trusted medical community and has instead continued the criminalization of reproductive health care providers," Montgomery said.
Carson said 23 states subject doctors to criminal penalties. "We are quite frankly right down the middle and we tend to be that," Carson said.
Groups on both sides of the issue vowed to take the fight to the ballot box in 2024.
State Democratic Party Chairman Raymond Buckley said the ban on abortions after 24 weeks played a role in the all-Democratic congressional delegation easily winning reelection and Democrats nearly winning a majority in the New Hampshire House.
"Granite Staters punished Republicans in last year's midterms for their extreme abortion ban. Today, in rejecting these bills, Republicans are doubling down on politically motivated criminal penalties for doctors and laying the groundwork for even more restrictive abortion bans in the state," Buckley said.
New Hampshire Right to Life Executive Director Jason Hennessey said the Senate vote followed a large turnout from anti-abortion activists during a public hearing last week.
"By rejecting HB 224 today, the Senate upheld our humanity by protecting mothers and their ready-to-be-born children from dangerous late-term abortions," Hennessey said.
Senate Democratic Leader Donna Soucy of Manchester said the criminal penalties would make it hard for the state to recruit obstetricians and gynecologists.
"I don't know if I would want to practice in a state with that looming threat and second-guessing my professional judgement," Soucy said.
But Sen. Kevin Avard, R-Nashua, said eliminating the penalties would render the Fetal Life Protection Act meaningless.
"Now I am only asking that we support the committee's recommendation, so after 24 weeks we can at least give this child an opportunity to live, and if we have laws but we don't enforce them, what good are they?" Avard said.
The Legislature earlier this year rejected another half dozen bills on the topic, some to impose further restrictions on the procedure such as one to ban abortions after the detection of a fetal heartbeat.
