Both sides have highs, lows in abortion battle - Bismarck Tribune

BISMARCK, N.D. _ Groups on both sides of the debate over abortion restrictions passed by state lawmakers earlier this year are claiming some success.

Opponents of the laws passed by the Republican-dominated Legislature call them some of the most restrictive in the country. Two laws they deemed the most onerous were temporarily blocked by court orders in July. Further hearings on them haven’t been scheduled yet.

Supporters of the laws say they were passed to protect life at all stages and to enhance the health and safety of women.

The state’s lone abortion clinic chose not to challenge two of the restrictions, which supporters of the laws claim as a victory that may have ramifications beyond state lines.

The 2013 Legislature passed four laws to restrict abortions, as well as a resolution that will be on the 2014 general election ballot.

Brock Schmeling, office manager for North Dakota Right to Life, said the push for anti-abortion legislation was successful. Schmeling said the organization’s focus is on laws to end abortion and protect the life of mother and child.

The laws passed this year:

-- House Bill 1305 made it a Class A misdemeanor for a physician to willingly perform an abortion based specifically on gender or on genetic abnormalities. The state’s lone abortion clinic, the Red River Women’s Clinic in Fargo, declined to challenge the law because it does not perform abortions for that reason, clinic officials said.

-- House Bill 1456, blocked by a federal judge in July, requires a physician to determine whether there’s a detectable heartbeat prior to performing an abortion. Willingly performing an abortion after a heartbeat is detected would be a Class C felony.

A heartbeat can be detected as early as six weeks. Currently a fetus is considered viable outside the womb between 22 and 24 weeks.

-- Senate Bill 2368 bans abortion after 20 weeks except to prevent the death of the mother or serious medical complications. Red River Women’s Clinic officials declined to challenge that law, saying the clinic does not perform abortions after 16 weeks.

-- Senate Bill 2305 requires physicians providing abortions to be licensed in the state and have admitting privileges at a local hospital. It was halted by a state court order in July.

-- Senate Concurrent Resolution 4009, which will appear on the 2014 general election ballot, would define human life as beginning at conception.

Schmeling pointed to the decision by the Fargo clinic to not challenge the 20-week abortion ban.

“Most Americans do support that position,” Schmeling said.

Slight majorities in national polls show support for the 20-week ban in recent months.

Schmeling said the clinic's decision to not fight the 20-week law could have ramifications beyond North Dakota in terms of precedent.

“We believe this will help … nationally,” Schmeling said.

Tammi Kromenaker, director of the Red River Women’s Clinic, said she has no concerns about the ramifications of not challenging the 20-week ban. She said she doesn’t believe it will have an impact because each judge and state is different.

Schmeling said last month’s 5-4 decision by the United States Supreme Court not to take up an appeal of an admitting privileges law in Texas could help North Dakota’s support for its law, which is similar.

Liz Brocker, a spokeswoman for Attorney General Wayne Stenehjem, said the office had no comment on the department’s status in defending the abortion laws.

Kromenaker said she wasn’t aware of any court dates for either of the laws blocked by injunctions in July.

“Basically North Dakota passed these laws … without any care for whether they’re constitutional,” Kromenaker said. “All have injunctions in place. We are able to provide our services.”

Kromenaker said during her tenure at the clinic, she has never seen a push for abortion restrictions on the scale of the legislation in 2013.

The national spotlight put on North Dakota during the debate has led to donations for legal fees from people across the country. Kromenaker declined to specify how much money has been provided. She said it’s been used to retain attorneys in Fargo and the clinic has suffered no financial impact fighting the laws.

The New York-based Center for Reproductive Rights has been doing pro-bono work for the clinic.

“I have full faith in the Center for Reproductive Rights’ ability to challenge these laws. If anyone can keep our doors open, it’s them,” Kromenaker said.