2008 Woodie Awards
As ever, abortion supplies fuel for debate
Dean Treftz - The Daily Iowan
Issue date: 11/3/06 Section: Metro
- Page 1 of 1
Abortion is one of the most divisive issues in American politics, and after the upcoming Nov. 7 election, successful candidates could have the most flexibility in more than 30 years to help shape Iowa's laws.
In 1973, the U.S. Supreme Court decided in Roe v. Wade that abortions are constitutionally protected. But if the court decides to overturn Roe - the bench just added two conservative judges - and allow the states to make up their own minds on the issue, the upcoming election could be instrumental in determining Iowa's abortion laws.
Currently, state lawmakers are allowed to ban abortions after the fetus has been deemed viable, or when the doctor decides that it could survive outside the womb, which is usually around 26 weeks.
"I'm really concerned that Roe could fall, because it's not a direct right within the Constitution," said Karen Kubby, a former Iowa City city councilor who now directs the Emma Goldman Clinic, one of two abortion providers, along with Planned Parenthood, in Johnson County. The county is one of six in the state with providers.
In 2005, Emma Goldman performed 1,850 abortions, up from 1,660 in 2004. Nationwide, more than one-third of all women will have had an abortion by the time they turn 45 if current rates continue, according to the Guttmacher Institute.
"The right for people to make their own choices is critical in gender equality," Kubby said. "There's a tremendous amount of cultural stigma around abortion."
One of the biggest forces in the abortion debate has been religion, most notably the Catholic Church's staunch anti-abortion stance.
"We routinely talk about the sacredness of all life from conception to natural death," said Jerome Miller, a deacon for St. Patrick's Catholic Church.
The parish offers programs that provide post-abortion counseling for traumatized women, he said. "We can always hope that the law will change," he said.
On Nov. 7 in neighboring South Dakota, voters will decide the fate of a measure banning most abortions.
South Dakota state Rep. Roger Hunt said while the legislation was drafted with the Supreme Court in mind, challenging Roe was not the only reason for proposing the law. The lawmaker cited earlier attempts at passing anti-abortion legislation in the conservative state.
"South Dakota was ready to deal with the subject in 2004, but we certainly have to take notice that with the appointments of John Roberts and Samuel Alito, there are four strong pro-life justices," said Hunt, one of the sponsors of the South Dakota bill.
If the bill is approved via referendum on Nov. 7 - necessary after legal action from Planned Parenthood Federation of America - it will be a felony for doctors to perform abortions in South Dakota unless the woman's life is in danger. Pro-abortion-rights organizations would probably challenge the law in federal courts immediately.
"One big unanswered question is how the new court is going to rule on abortion," UI law Professor Todd Pettys said.
Even if the court decides that anti-abortion laws are constitutional, it could allow the states to set their own regulations in lieu of a federal ban on the procedure.
The South Dakota bill has already provoked concern among abortion-rights advocates at the UI, even drawing student protesters to South Dakota. Members from the UI chapter of the Feminist Majority Leadership Alliance made the journey via a Planned Parenthood-sponsored trip called the Caravan for Choice.
"I would say, overall, the response is that people feel it's a woman's right to choose, but they may not feel personally comfortable with that choice," said Beth Sampson, a co-president of the alliance's UI chapter.
Anti-abortion groups have also detected a pro-abortion lean on the relatively liberal UI campus.
"There is definitely this stubbornness on this issue," said Neil Sink, a member of the anti-abortion UI medical student organization Hawks for Life.
Sink said he hoped the new Supreme Court would overturn Roe, but he was concerned that the South Dakota bill was proposed too early.
E-mail DI reporter Dean Treftz at:
dean-treftz@uiowa.edu
Candidates' Stances on Abortion
Governor
• Chet Culver: Supports the current laws allowing abortion, requiring 48-hour parental notice for minors, and banning late-term D&E abortions.
• Jim Nussle: Opposes abortion except during the first trimester when the woman's life is in danger and in the cases of rape or incest.
State Senate District 39
• Joe Bolkcom: Supports a governmental "hands-off" approach to abortion. Supports current laws.
• Jay Christensen-Szalanski: Does not like to classify himself as "anti-abortion" or "pro-choice." Opposes banning abortions during the first two trimesters and supports the current ban on late-term D&E abortions.
In 1973, the U.S. Supreme Court decided in Roe v. Wade that abortions are constitutionally protected. But if the court decides to overturn Roe - the bench just added two conservative judges - and allow the states to make up their own minds on the issue, the upcoming election could be instrumental in determining Iowa's abortion laws.
Currently, state lawmakers are allowed to ban abortions after the fetus has been deemed viable, or when the doctor decides that it could survive outside the womb, which is usually around 26 weeks.
"I'm really concerned that Roe could fall, because it's not a direct right within the Constitution," said Karen Kubby, a former Iowa City city councilor who now directs the Emma Goldman Clinic, one of two abortion providers, along with Planned Parenthood, in Johnson County. The county is one of six in the state with providers.
In 2005, Emma Goldman performed 1,850 abortions, up from 1,660 in 2004. Nationwide, more than one-third of all women will have had an abortion by the time they turn 45 if current rates continue, according to the Guttmacher Institute.
"The right for people to make their own choices is critical in gender equality," Kubby said. "There's a tremendous amount of cultural stigma around abortion."
One of the biggest forces in the abortion debate has been religion, most notably the Catholic Church's staunch anti-abortion stance.
"We routinely talk about the sacredness of all life from conception to natural death," said Jerome Miller, a deacon for St. Patrick's Catholic Church.
The parish offers programs that provide post-abortion counseling for traumatized women, he said. "We can always hope that the law will change," he said.
On Nov. 7 in neighboring South Dakota, voters will decide the fate of a measure banning most abortions.
South Dakota state Rep. Roger Hunt said while the legislation was drafted with the Supreme Court in mind, challenging Roe was not the only reason for proposing the law. The lawmaker cited earlier attempts at passing anti-abortion legislation in the conservative state.
"South Dakota was ready to deal with the subject in 2004, but we certainly have to take notice that with the appointments of John Roberts and Samuel Alito, there are four strong pro-life justices," said Hunt, one of the sponsors of the South Dakota bill.
If the bill is approved via referendum on Nov. 7 - necessary after legal action from Planned Parenthood Federation of America - it will be a felony for doctors to perform abortions in South Dakota unless the woman's life is in danger. Pro-abortion-rights organizations would probably challenge the law in federal courts immediately.
"One big unanswered question is how the new court is going to rule on abortion," UI law Professor Todd Pettys said.
Even if the court decides that anti-abortion laws are constitutional, it could allow the states to set their own regulations in lieu of a federal ban on the procedure.
The South Dakota bill has already provoked concern among abortion-rights advocates at the UI, even drawing student protesters to South Dakota. Members from the UI chapter of the Feminist Majority Leadership Alliance made the journey via a Planned Parenthood-sponsored trip called the Caravan for Choice.
"I would say, overall, the response is that people feel it's a woman's right to choose, but they may not feel personally comfortable with that choice," said Beth Sampson, a co-president of the alliance's UI chapter.
Anti-abortion groups have also detected a pro-abortion lean on the relatively liberal UI campus.
"There is definitely this stubbornness on this issue," said Neil Sink, a member of the anti-abortion UI medical student organization Hawks for Life.
Sink said he hoped the new Supreme Court would overturn Roe, but he was concerned that the South Dakota bill was proposed too early.
E-mail DI reporter Dean Treftz at:
dean-treftz@uiowa.edu
Candidates' Stances on Abortion
Governor
• Chet Culver: Supports the current laws allowing abortion, requiring 48-hour parental notice for minors, and banning late-term D&E abortions.
• Jim Nussle: Opposes abortion except during the first trimester when the woman's life is in danger and in the cases of rape or incest.
State Senate District 39
• Joe Bolkcom: Supports a governmental "hands-off" approach to abortion. Supports current laws.
• Jay Christensen-Szalanski: Does not like to classify himself as "anti-abortion" or "pro-choice." Opposes banning abortions during the first two trimesters and supports the current ban on late-term D&E abortions.
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