3 Anti-Abortion Bills, 3 Abortion Rights Bills to Be Heard in New Hampshire House Judiciary Committee This Week

CONCORD - On Wednesday, February 9 and Thursday, February 10, 2022, the New Hampshire House Judiciary Committee will hold hearings on six abortion related bills. 

On Wednesday, February 9, 2022, the House Judiciary Committee will hear the following anti-abortion bills:

• 9:00 a.m.: HB 1181: allowing the biological father of an unborn child to petition the court for an injunction prohibiting the biological mother from having an abortion. 

• 10:00 a.m.: HB 1477: prohibiting abortions after detection of fetal heartbeat. (six week abortion ban)

• 1:00 p.m.: HB 1625: repealing the prohibition on entering or remaining on a public way or sidewalk adjacent to a reproductive health care facility. 

On Thursday, February 10, 2022, the House Judiciary Committee will hear the following abortion rights bills:

• 9:00 a.m.: CACR 18: relating to reproductive medical decisions. Providing that the state shall not infringe or unduly inconvenience the right of reproductive medical decisions.

• 10:00 a.m.: HB 1674: relative to reproductive rights. (Access to Abortion-care Act)

• 1:00 p.m.:  HB 1673: relative to women's health privacy and repealing the fetal health protection act.

Statement from Liz Canada, Advocacy Manager for Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund:

“When Governor Chris Sununu and Senator Chuck Morse’s abortion ban and ultrasound mandate were signed into law last year, we knew that extreme anti-abortion politicians wouldn’t be satisifed.  As the Supreme Court considers the fate of Roe v. Wade, out-of-touch elected officials are back with a Texas-style six-week abortion ban, an effort to endanger the privacy and safety of reproductive health center patients, and a bill that would allow any man to petition a New Hampshire court to halt an abortion procedure - in or out of New Hampshire. Meanwhile, public health advocates, patients, and providers are fighting to repeal New Hampshire’s cruel and unpopular abortion ban and enshrine protections for abortion access in state statute so that every Granite Stater can access the abortion care they need - without government interference - regardless of what happens federally.”

BACKGROUND:

HB 1181 - Bio Father Bill

• This bill is one of the most extreme attacks on abortion and bodily autonomy in the country. It would allow any man - without needing to prove paternity in advance - to file a petition with a New Hampshire court to prevent a pregnant person from having an abortion until the legal process concluded.

• Not only does this have problematic implications regarding bodily autonomy, it would also be logistically impossible to manage. The pregnant person must attend the hearing in person - even if they live out of state. Therefore, they may have only days to organize and arrange for travel to the proper venue.

• This bill does not require proven paternity prior to prohibiting a pregnant person from accessing abortion. The legal process could take up to a month to conclude, prohibiting the pregnant person from accessing abortion during that time.

• Additionally, survivors of rape would be forced to report their rape prior to her rapist taking her to court to prevent her abortion. For people who are pregnant as a result of incest, this bill would put the financial burden of obtaining DNA from both parties onto the pregnant woman.

HB 1477 - Six-Week Abortion Ban

• This bill would prohibit all abortion after detection of fetal cardiac activity, with only an exception for “prevent[ing] the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.”

• This bill would ban almost all abortion in New Hampshire, similar to what Texas has had in place since September 1, 2021.

• This deeply unpopular legislation is a blatant violation of decades of Supreme Court precedent and flies in the face of Roe v. Wade and Planned Parenthood v. Casey - currently the law of the land.

HB 1625 - Patient Safety Zone Repeal Bill

• This bill would repeal New Hampshire’s patient safety zone law, which passed with bipartisan support in 2014 to protect patient and provider safety and privacy at reproductive health centers. 

• The original law allows health centers to establish patient safety zones of up to 25 feet and it was intentionally designed to strike a balance between patient safety and an individual’s First Amendment rights. It’s an important tool in the toolbox for public safety measures.

• The attacks on reproductive health centers continue to escalate; on December 31, 2021, a Planned Parenthood in Knoxville, Tennessee was destroyed by an arson attack. We know that as states move to ban abortion across the country, anti-abortion protestors will travel to states that still allow abortion care - and we need to proactively protect the safety of patients and providers. 

HB 1673 - 24-Week Abortion Ban and Ultrasound Mandate Repeal:

• This ban is extreme for many reasons. It has no exceptions for fatal fetal diagnoses, rape, or incest; and it has a very narrow exception for maternal physical health.

• Additionally, this abortion ban criminalizes health care providers with a class B felony which could come with up to seven years in prison and a fine up to $100,000, allows husbands to file civil actions, and allows the patient’s parents to file civil actions.

• There are no other medical procedures in New Hampshire law subject to felony charges and imprisonment for health care professionals.

• Nearly 200 New Hampshire medical providers opposed this bill during the legislative process. 

• A Senate companion bill, SB 399, was passed last week with an amendment that leaves the abortion ban intact but mitigates the harm caused by the ultrasound mandate.

HB 1674 - New Hampshire’s Access to Abortion-care Act (AAA)

• HB 1674 would put abortion rights into state statute. If passed into law, regardless of what happens in the U.S. Supreme Court, abortion will remain safe, legal, and accessible in the Granite State.

• The Access to Abortion-care Act upholds long-held New Hampshire values by enshrining the right to make personal, private health decisions regarding abortion in law. 

• The AAA does not change anything about current New Hampshire abortion laws; it does, however, provide critical protections to ensure that Granite Staters can work with their doctors to get the health care they need in the majority of situations. 

• A Senate companion bill, SB 436, was tabled last week after the ITL motion failed, 12-12. Republican Senators Jeb Bradley and Erin Hennessey joined the Democrats in support of SB 436.

CACR 18 - Constitutional Amendment for Abortion Rights

• This Constitutional Amendment would prohibit the state from infringing upon or inconveniencing the right to reproductive medical decisions. If this amendment is adopted, the right to make personal reproductive medical decisions will be guaranteed by the New Hampshire Constitution.

• A CACR requires a 60 percent majority vote in each chamber for passage. If this CACR passed through the Legislature, it would be placed on the general election ballots in 2022 and require a ⅔ majority vote by voters to pass.

Polling:

• Polling released in July, 2021 from the UNH Survey Center shows that New Hampshire’s abortion ban is deeply unpopular, with only one-third of Granite Staters in support of it. Nearly half of independent Granite Staters oppose this ban, as do 27 percent of Republicans.

• The UNH Survey Center polling also shows that only 31 percent of Granite Staters support the provision signed by Governor Sununu that mandates medically unnecessary, often invasive ultrasounds before abortion care at all stages of pregnancy.

• The truth is, most Granite Staters and most Americans support access to safe, legal abortion. If someone has decided to have an abortion, more than 8 in 10 respondents want the experience to be supportive and nonjudgmental, without added burdens or protesters, affordable and safe. 

Supreme Court:

• Two U.S. Supreme Court cases could overturn Roe v. Wade, jeopardizing abortion access in our country. By next year, 26 states could lose abortion access, impacting 36 million - or nearly half of U.S. women of reproductive age (18-49) and more people who  can become pregnant. 

  • The Supreme Court heard oral arguments in Texas’ SB 8 on November 1, 2021, although not about the constitutionality of the law. SB 8 is a 6-week abortion ban, which is currently in place. Abortion remains virtually inaccessible in Texas. 

  • The Supreme Court will hear oral arguments in Dobbs v. Jackson Women’s Health Organization on December 1, 2021, which marks the first time in 50 years the Court agreed to hear a case on the constitutionality of a pre-viability abortion ban.

  • There are 16 additional abortion-related cases one step away from the Supreme Court.

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Planned Parenthood of Northern New England (PPNNE) is the largest provider of reproductive and sexual health care across the State of New Hampshire. We serve New Hampshire residents through 6 health centers in Claremont, Derry, Exeter, Keene, Manchester and White River Junction, VT. Last year we saw more than 10,000 patients at these sites. PPNNE was named a 2021 Guardian of Excellence Award® winner by Press Ganey, the national leader in health care consumer and workforce engagement. Press Ganey recognizes PPNNE as a top-performing health care organization, achieving the 95th percentile or above for performance in patient experience, out of more than 20,000 medical practices.

Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.