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CONCORD, NH - On February 15, the House Judiciary Committee heard testimony on four bills that would protect and expand reproductive rights: CACR 2, HB 271, HB 88, and HB 224. An executive session on these bills has not been scheduled yet. Tomorrow, Thursday, February 16, the House Judiciary Committee will hear testimony on three bills to further restrict abortion rights in New Hampshire.

In advance of the hearing, Granite Staters signed in overwhelmingly to support these reproductive rights initiatives:

  • CACR 2 - amending New Hampshire’s state constitution to add reproductive freedom
    • 943 in support; 198 opposed
  • HB 271 - a full repeal of the current New Hampshire abortion ban
    • 861 in support; 503 opposed
  • HB 88 - the House version of the Access to Abortion-care Act
    • 1,272 in support; 193 opposed
  • HB 224 - to remove the criminal and civil penalties from New Hampshire’s abortion ban
    • 855 in support; 504 opposed

After the hearings, Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood New Hampshire Action Fund, released the following statement:

“While abortion remains safe and legal before 24 weeks in New Hampshire for now, the reality is that without Roe, the legal landscape in this country is extremely unclear, and that is true both in banned states and states where abortion is legal. Roe served as the foundation of legal protections, and with it overturned, those federal protections are gone. 

The only thing clear in New Hampshire statute is the restriction on abortion. That’s why reproductive health care providers, patients, and advocates are turning out in overwhelming numbers to urge lawmakers to work together to add protections for reproductive rights to our state statute and constitution, as well as repeal current restrictions on access to critical care. 

New Hampshire has an opportunity to voice our values and protect the rights of future Granite Staters. Planned Parenthood New Hampshire Action Fund urges members of the House Judiciary Committee and the full Legislature to pass these broadly supported, common sense initiatives.”

BACKGROUND:

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. 

The New Hampshire Landscape:

  • Without Roe, abortion is still safe and legal in New Hampshire until 24 weeks - for now. A bill to ban abortion would have to pass to further dismantle access to abortion. 
  • The restrictions on abortion in New Hampshire are clear: access to abortion at or after 24 weeks is banned, with no exceptions for rape or incest and doctors face criminalization. 
  • NH RSA 329:49 says “Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.
  • New Hampshire is the only state in New England without proactive protections for abortion rights in state statutes or our state constitution.

HB 88: New Hampshire’s Access to Abortion-care Act (AAA)

  • House Bill 88 and Senate Bill 181 would put abortion rights into state statute. If passed into law, it would proactively protect the future of abortion rights 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. 
  • Testimony in support of HB 88:

CACR 2: Constitutional Amendment for Reproductive Rights

  • This constitutional amendment would enshrine reproductive rights in New Hampshire’s state constitution and guarantee reproductive autonomy for all Granite Staters. 
  • In 2022, the U.S. Supreme Court overturned Roe v. Wade, which eliminated federal constitutional protections for abortion rights. 
  • Presently, there are no proactive policies guarantee Granite Staters’ right to abortion or other reproductive health services. 
  • Testimony in support of CACR 2:

HB 224: Removing the Criminal and Civil Penalties from NH’s Abortion Ban

  • This bill would repeal the criminal and civil penalties from New Hampshire’s 24-week abortion ban. Presently, the law, which was enacted on January 1, 2022, criminalizes doctors for doing their job and working with their patients to get the care they need by threatening providers with a felony and imprisonment. 
  • Additionally, the current law allows maternal grandparents to sue the provider. 
  • The law as it stands is an invitation for intimidation and harassment against medical professionals who treat patients later in pregnancy. 
  • Testimony in support of HB 224:

HB 271: Repealing NH’s 24-Week Abortion Ban

  • This bill would repeal New Hampshire’s 24-week abortion ban which went into effect on January 1, 2022. There are now exceptions to the prohibition on abortion at or after 24-weeks for physical maternal health and fatal fetal diagnoses, however, there are non for cases of rape or incest and it criminalizes doctors with fins and up to seven years in prison.
  • Arbitrarily banning abortion later in pregnancy and criminalizing doctors harms women and families who have to make decisions in complex circumstances.
  • Testimony in Support of HB 271:

Restrictive Bill Hearings:

DATE: Thursday, February 16, 2023

LOCATION: Representatives Hall

  • 9:00 a.m.: HB 346 - would harm grieving families and severely criminalize providers offering compassionate care
  • 10:30 a.m.: HB 562 - mandating a 24-hour waiting period for all abortion care
  • 1:00 p.m.: HB 591 - a near total ban on abortion, prohibiting the procedure at 6 weeks with virtually no exceptions

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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 and 2022 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.

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