Louisiana Republicans Plan To Thwart Bill Classifying Abortion As Homicide

Topline

Republican lawmakers in Louisiana who are anti-abortion say a proposed bill in the state that would classify abortion as murder goes too far, and they are hoping to change the bill before a vote, signaling a divide even among anti-abortion lawmakers over how extreme abortion laws should be in the future.

Pro-abortion rights activists protest during a rally in front of the U.S. Supreme Court in response … [+] to the leaked Supreme Court draft decision to overturn Roe v. Wade, on May 3 in Washington, D.C.

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Key Facts

The Louisiana House will debate HB813 Thursday afternoon, which grants embryos and fetuses the same rights as humans after they’re born, starting at the “moment of fertilization.”

Granting personhood rights means that under the legislation, performing or undergoing an abortion would be classified as homicide, and the bill could be used to punish people for using common birth control methods or in vitro fertilization, as not all artificially fertilized eggs result in a pregnancy.

Two Republican lawmakers intend to propose an amendment that would essentially gut the legislation, WDSU News and the New Orleans Advocate report, saying the bill as it is now is “extreme” and a “bridge too far,” and other Republicans have coalesced behind their effort.

An amendment set to be proposed would replace the bill’s language with the text of a different abortion ban, SB342, which the Senate has already approved.

That bill makes performing abortions (except for medical emergencies) punishable by one to ten years of prison time, but explicitly states the person getting the abortion should not be punished, and that the ban does not apply to contraceptive methods administered before “the time when a pregnancy could be determined through conventional medical testing.”

The move to gut the legislation comes after anti-abortion group Louisiana Right to Life came out against HB813 Friday, saying it doesn’t support the bill going after those who get abortions and that “Louisiana does not need HB813 to protect babies from abortion.”

What To Watch For

If HB813 isn’t amended and still passes the legislature, Gov. John Bel Edwards (D) said Wednesday he intends to veto the legislation, and it’s unclear whether the bill would have enough support to override a veto. Louisiana is still poised to ban abortion regardless of HB813 passing if the Supreme Court overturns Roe v. Wade in the coming weeks, as the state has a “trigger law” on the books that immediately bans abortion when the court issues its ruling.

Crucial Quote

“This bill is self-defeating with no teeth and no enforceability,” Louisiana Right to Life wrote on Twitter about HB813. “This is NOT what it means to be pro-life.”

Chief Critic

HB813 sponsor Rep. Danny McCormick told the Advocate he sticks by his legislation despite the controversy from other anti-abortion colleagues, saying he was “looking forward to a historical debate” Thursday.

Key Background

The Supreme Court may overturn Roe soon and allow states to ban abortion, according to a draft opinion leaked by Politico last week that declares the 1973 ruling “egregiously wrong.” The ruling is not finalized—the official opinion will likely be released in June—though Politico reports that a majority of justices so far still support striking Roe down. Should Roe be overturned, Louisiana is one of more than a dozen states that would classify performing an abortion as a felony punishable by prison time. HB813 moving forward in committee last week stoked fears among abortion rights advocates that the bill may be a sign of future abortion bans to come, going even further by punishing the people getting abortions or applying criminal penalties to birth control, which critics believe may be targeted next, once abortion can be outlawed. HB813 is also particularly extreme in that it stipulates it should take effect regardless of whether Roe is overturned or any federal statutes on abortion, and directs any judge who blocks the law in court to be impeached.