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NH Senate Committee Rejects Bipartisan Bills to Protect Safe, Legal Abortion

For Immediate Release: April 11, 2023


Votes Against Reproductive Rights Come as Future of Medication Abortion Hangs in Balance

CONCORD, NH - Today, the Senate Judiciary Committee held executive sessions on two bipartisan bills to protect and expand abortion rights in New Hampshire. The Committee voted on party lines, 3-2, in opposition to HB 224, to repeal criminal and civil penalties from the state’s 24-week abortion ban, and HB 88, the Access to Abortion-care Act. These two bills passed the New Hampshire House of Representatives with bipartisan support in March. They next go to the full Senate for a vote on Thursday, April 13.

Governor Chris Sununu has previously indicated he supports the repeal of criminal and civil penalties. In addition, he has said he believes the New Hampshire Legislature should codify Roe v. Wade. HB 88 simply enshrines the tenets of Roe into state law.  

The votes come less than a week following an unprecedented decision from a federal court in Texas that could jeopardize the future of medication abortion nationwide and poses the greatest threat to abortion rights since Roe v. Wade was overturned last year. Since 2022, the state of New Hampshire has not taken any action toward protecting Granite Staters’ abortion rights. 

After the executive session, Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, released the following statement:

“While we are disappointed the Senate Judiciary Committee failed to listen to their constituents or New Hampshire’s esteemed medical community today, we remain hopeful that the full Senate will join their House colleagues to act to protect Granite Staters’ right to safe, legal abortion and ensure our state’s trusted doctors are not criminalized for providing appropriate, compassionate care.

Since Roe v. Wade was overturned last year and federal constitutional protections for abortion rights were decimated, New Hampshire residents have called on elected officials to give us back our rights because there is currently no legal right to an abortion in this country or this state. Those calls for action have surged after a Texas ruling that poses an unprecedented threat to medication abortion access nationwide.

The majority of Granite Staters agree - everyone should have the right to make personal, private health care decisions in consultation with their medical providers, not politicians. It’s time for our state laws to reflect the will of the people.”

BACKGROUND:

Polling:

  • A recently released survey from Breakthrough Campaigns conducted on behalf of Amplify NH shows that a supermajority of Granite Staters - 87% - support reproductive freedom and 64% of Granite Staters expect state elected officials to protect or expand abortion access in New Hampshire. Just 11% of Granite Staters want more abortion restrictions in the state.
  • In a new 50-state survey, PRRI found most Americans oppose abortion ban policies; 69% of Granite Staters believe abortion should be legal in all or most cases.
  • 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 would put abortion rights into state statute. If passed into law, it would proactively protect the future of abortion rights in the Granite State.
    • House Actions:
      • Remote sign ins: 1,306 in support; 202 opposed
      • NH House Judiciary voted 10-10 on both an “Inexpedient to Legislate” and “Ought to Pass” motion; HB 88 went to the full House with no committee recommendation.
      • NH House voted 199-185 in support of Ought to Pass on HB 88
    • Senate Actions:
      • Remote sign ins: 1,231 in support, 319 in opposition
      • NH Senate Judiciary voted 3-2 in support of “Inexpedient to Legislate” on HB 88
  • The Senate version of the Access to Abortion-care Act, SB 181, was defeated 14-10.
  • Testimony in support of HB 88:
  • Letters in support of the Access to Abortion-care Act

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. The law as it stands is an invitation for intimidation and harassment against medical professionals who treat patients later in pregnancy. 
  • In New Hampshire, 11 Labor and Delivery wings have closed in the last 20 years.
  • House Actions:
    • Public hearing remote sign ins: 914 in support; 516 opposed
    • NH House Judiciary voted 10-10 on both an “Inexpedient to Legislate” and “Ought to Pass” motion; HB 224 will now go to the full House with no committee recommendation.
    • NH House voted 205-178 in support of Ought to Pass on HB 224
  • Senate Actions:
    • NH Senate Judiciary voted 3-2 in support of “Inexpedient to Legislate” on HB 224
  • Testimony in support of HB 224:
  • Governor Sununu previously indicated he would sign HB 224.

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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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