Abortion Rights On the Table During First NH Legislative Session Post-Roe

CONCORD, NH – As the New Hampshire House and Senate convene this week and Governor Sununu is inaugurated, so starts the first legislative session in a post-Roe environment, in which there are no federal or state protections in New Hampshire for abortion rights. 

Bolstered by an election dominated by voters’ desire to protect reproductive rights, reproductive health champions have filed bills to repeal and mitigate the harm caused by New Hampshire’s current abortion ban and to enshrine abortion rights in state law and the state constitution.

Conversely, extreme anti-abortion politicians have filed bills to create more barriers to accessing reproductive health care in New Hampshire, including a near total abortion ban, and infringe upon Granite Staters’ private medical decision making capacity, including a bill that would dictate how families grieve the loss of a newborn.

Statement from Kayla Montgomery, Vice President of Public Affairs for Planned Parenthood of Northern New England/Planned Parenthood New Hampshire Action Fund:

“When it comes to abortion, New Hampshire voters overwhelmingly agree that it should be safe and legal. That’s why Granite Staters took to the polls in record numbers during the midterm election after an increase in attacks on access to reproductive health care, including our state’s first modern abortion ban, the defunding of Planned Parenthood, and the Supreme Court decision to overturn Roe v. Wade.

While some politicians have introduced extreme legislation to block access to reproductive health care, including a near total abortion ban, we know these attacks are out-of-touch with New Hampshire values. State House leadership, including Governor Sununu, have said they aren’t looking to pass new abortion restrictions, but that simply isn’t enough. It is unacceptable that New Hampshire is the only state in New England without proactive protections for abortion access and we urge lawmakers to come together across party lines to safeguard reproductive rights for future generations of Granite Staters.” 

BACKGROUND:

2023 Hostile Legislation:

LSR	Title & Prime Sponsor	Overview
2023-0213	relative to the right of any infant born alive to appropriate medical care and treatment. Rep. Glenn Cordelli	Interferes with families’ decisions about compassionate end of life care
2023-0234	requiring independent audits of reproductive health care facilities. Rep. Jess Edwards	Unclear until language comes out.
2023-0260	requiring informed consent prior to receiving an abortion procedure. Rep. Dave Testerman	Adds barriers to accessing abortion care in New Hampshire
2023-0262	prohibiting abortions after detection of fetal heartbeat. Rep. Dave Testerman	Bans nearly all abortion in New Hampshire

2023 Supportive Legislation:

LSR/Bill	Title & Prime Sponsor	Overview
HB 88	relative to reproductive rights. Rep. Alexis Simpson	Access to Abortion-care Act: codifies current protections for abortion care into New Hampshire state law
2023-0973	relative to access to abortion care. Sen. Rebecca Perkins-Kwoka	Access to Abortion-care Act: codifies current protections for abortion care into New Hampshire state law
CACR 2	Relating to reproductive freedom. Providing that all persons have the right to make their own reproductive decisions. Rep. Amanda Toll	Amends the New Hampshire Constitution to include the right to make reproductive health care decisions
2023-0365	repealing the criminal and civil penalties from the fetal life protection act. Rep. Dan Wolf	Removes the criminal and civil penalties from New Hampshire’s abortion ban
2023-0278	Repealing the fetal life protection act. Rep. Marjorie Smith	Fully repeals New Hampshire’s abortion ban

Polling:

• August 2022 polling by the Saint Anselm College Survey Center shows that support for abortion rights in New Hampshire is at a historic high and nearly 6 in 10 voters disapproved of the overturning of Roe v. Wade on June 24, 2022.
• Polling released in July, 2021 from the UNH Survey Center shows that New Hampshire’s newly-enacted 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 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. 

New Hampshire’s 24 Week Abortion Ban

• New Hampshire’s abortion ban is extreme for many reasons. It has no exceptions for rape or incest; and it has a very narrow exception for maternal physical health. When it was signed into law by Governor Sununu, it required ultrasounds prior to all abortion care - at every stage of pregnancy - and did not include an exception for fatal fetal diagnoses.
• 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. 

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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 5 health centers in 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 95^th 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.