Anti-abortion groups hope for inroads in session

LITTLE ROCK — Democrats hold enough seats in a key House committee to block anti-abortion bills during the 2013 legislative session, but advocacy groups say a handful of Democrats may align with them to get the measures out of committee.

The legislative session is expected to focus largely on Medicaid issues and the state budget, but leaders of two anti-abortion groups said last week that they hope the Republicans’ control of the Legislature for the first time in more than 130 years will also mean tougher abortion laws.

Republicans made gains in November’s election, but Democrats still have a majority of seats on the House Public Health, Welfare and Labor Committee because few Republicans wanted to serve on the panel.

There was far more interest in serving on the Revenue and Taxation Committee where Republicans hold 15 of 20 seats or the State Agencies and Governmental Affairs Committee where they hold 13 of 20 spots.

Democrats hold enough votes to block legislation in four committees.

If the 11 Democrats on the House Public Health, Welfare and Labor Committee band together, the nine Republicans on the panel won’t have enough votes to send legislation to the House. It takes 11 votes from the 20-member committee to move legislation on to the full House.

But, Family Council President Jerry Cox said five antiabortion Democrats, two of whom are pastors, serve on the committee and may be persuaded to vote with their Republican counterparts.

Forty years ago this week, the U.S. Supreme Court ruled in the case of Roe v. Wade that privacy under the due-process clause of the 14th Amendment includes a woman’s right to have an abortion.

There were 4,033 abortions performed in Arkansas in 2011, according to the Arkansas Department of Health. More than half involved women ages 20-29.

Of all abortions in the state, 33 percent took place before seven weeks of pregnancy, 53.43 percent between seven and 14 weeks, and 13.46 percent between 14 and 21 weeks. Two abortions occurred after 21 weeks, according to the department.

Little Rock Family Clinic is the only facility licensed by the state to perform surgical abortions. Planned Parenthood operates two locations in the state, one in Little Rock and one in Fayetteville. The organization performs only medically induced abortions in Arkansas.

The five Democrats on the committee mentioned by Cox are Reps. Jeff Wardlaw of Warren; Betty Overbey of Lamar; Butch Wilkins of Bono; Hank Wilkins of Pine Bluff; and Chris Richey of Helena-West Helena.

Richey, a pastor at the nondenominational Delta Fellowship Church in Helena-West Helena, is new to the Legislature. He said he opposes abortion.

“I’ve been approached by both sides, and it’s a very tough issue. I’m trying to do my due diligence to really look at the bills that have been proposed,” he said.

Richey said he wants to see bills that would support a child after it is born as well as preventing abortion.

“I don’t want to be just against things. I also want to be for things that promote life and help people in difficult situations,” Richey said. “The women making these choices, it’s a difficult decision and there are usually serious reasons why they’re making those choices, and so I want to make sure that we’re not flippant about that and we try to provide the support for them and their children.”

Hank Wilkins is pastor at the Methodist Saint James Church in Pine Bluff. He could not be reached for comment.

Wardlaw said he supports anti-abortion legislation as long as it includes exceptions for rape, incest and to protect the life of the mother.

Butch Wilkins has sponsored anti-abortion bills before.

He said he hasn’t polled other members to see what they support.

“There’s going to be enough to get pro-life bills out,” he said. “I really think most Arkansas Democrats are pro-life anyway.”

Arkansas Right to Life, an anti-abortion organization, has announced support for three pieces of legislation so far. Butch Wilkins is sponsoring a bill this year to allow Arkansas to opt out of providing abortion coverage under the federal health-care law. Arkansas Right to Life Executive Director Rose Mimms said another House Democrat will sponsor one of the other bills.

Having Democrats sponsor the bills “means a whole lot,” she said. “We want bipartisan support, and it’s rare that we have Democrats that are willing to carry our bills, and they came to us,” Mimms said.

Mimms said she was disappointed that Republicans didn’t get a majority of seats on the committee but added that her group has always worked with both parties.

Though previously controlled by Democrats, the Arkansas Legislature has passed several anti-abortion laws over the years.

In 2001, the Legislature approved the Woman’s Right to Know Act, which requires any physician performing an abortion to give the woman information about the procedure at least one day before it occurs.

According to the Health Department, 4,993 women were given that information by their doctors in 2011.

The Legislature passed Act 1696 of 2005 to require doctors who perform abortions beyond 20 weeks of pregnancy to inform the women at least 24 hours beforehand that a fetus can feel pain at 20 weeks. According to the Health Department, 178 women received that information in 2011.

In 2009, the Legislature approved a ban on partial-birth abortion, which occurs after the fetus has been partially delivered. The practice was banned at the federal level in 2003. Other abortion procedures past 20 weeks are still legal.

Arkansas voters have in the past backed anti-abortion laws.

Amendment 68 to the Arkansas Constitution states: “No public funds will be used to pay for any abortion, except to save the mother’s life.” It was approved by voters in 1988.

“If it were not for our pro-life Democrat friends, we would not have gotten any of our legislation passed over the years,” Mimms said.

In 2011, Bruce Wilkins sponsored the only antiabortion bill that made it out of the House Public Health, Welfare and Labor Committee. A handful of other antiabortion bills failed to get enough votes to get out of committee.

Mimms said having Republican Rep. John Burris of Harrison as chairman this session will help.

“I don’t know a lot about John Burris, but I do know he is a conservative, and he will treat us fairly,” she said.

Mimms called the 2011 session difficult.

“We were shut down and shut out,” she said.

Cox said the Family Council plans to pursue legislation that would let Arkansas opt out of the abortion provisions of the federal health-care law, ban abortion after 20 weeks except to save the mother’s life, install new regulations of drug-induced abortions and stop any state funding to Planned Parenthood.

Cox said having a Republican lead the committee should make a difference.

“I felt that last session the pro-life bills were moved to the back of the line at times,” Cox said.

“I don’t know if we’ll fair any better now than before, but I do think we’ll be treated a little more fairly.”

Burris said anti-abortion bills will get “a fair shake.” He said he hasn’t met with anti-abortion groups but the committee makeup seems to be in their favor.

A spokesman for Planned Parenthood of the Heartland said the organization is also reaching out to lawmakers. Like Arkansas Right to Life and the Family Council, Planned Parenthood has a lobbyist at the state Capitol.

“The legislative body is what it is. We will work with all legislators to ensure that any proposed legislation helps the women and families of Arkansas,” spokesman Shelby Cloke said. “Many times our work revolves around educating legislators about the work we do for those in our state.”

House Democratic Leader Greg Leding said the House Democratic caucus doesn’t dictate how members should vote.

“We never twist arms or tell someone in the caucus how they have to vote. People are obviously always free to vote their conscience,” Leding said. “Given the political shift, there is a greater chance that you will see these bills pass.”