On Tuesday, a constitutional amendment (SJR 9) to address the Iowa Supreme Court finding a right to abortion in the Iowa Constitution survived the first funnel after the bill passed in the State Government Committee by a 10 to 5 party-line vote.
Non-appropriation bills, in order to continue to be considered this legislative session, must pass out of committee by the end of the week.
The amendment sponsored by 29 Republican state senators, simply states, âThe Constitution of the State of Iowa does not secure or protect a right to abortion or require the funding of abortion.â
The Iowa Supreme Court last June ruled 5 to 2 that the 72-hour waiting period violated Iowaâs due process clause (Iowa Constitution, Article I, Section 9) and equal protection clause (Iowa Constitution, Article I, Section 6).
Chief Justice Mark Cady wrote the waiting periodâs ârestrictions on women are not narrowly tailored to serve a compelling interest of the Stateâ and that Iowaâs Constitution ârequires more.â
Neither clause in Iowaâs Constitution provides a right to abortion.
âOur constitution recognizes the ever-evolving nature of society, and thus, our inquiry cannot be cabined within the limited vantage point of the past,â Cady also wrote in the majority opinion.
Iowa Governor Kim Reynolds remarked during a pro-life rally last month that the Iowa Supreme Courtâs decision changed Iowaâs legal landscape regarding abortion.
âJust imagine, in Iowa, a couple has to wait three days to get married to make sure that they arenât rushing into that decision. Adoptive parents must wait three days before they can become legal guardians of a baby so the birth mother can fully and carefully reflect on their decision. Yet according to the Iowa Supreme Court an abortion, the taking of
âThat ruling was more aggressive than the United States Supreme Court, Roe v. Wade, and that one ruling makes Iowa and the Iowa Constitution the most abortion-friendly in the nation. And put down the groundwork to put every abortion restriction in danger of being overturned now and in the future,â Reynolds added.
The amendmentâs language does not eliminate abortions in the state, but takes authority over this issue out of the courtâs hands and places it back in the legislatureâs.
State Senators Roby Smith (R-Davenport), Craig Johnson (R-Independence), Jake Chapman (R-Adel), Chris Cournoyer (R-LeClaire), Dan Dawson (R-Council Bluffs), Randy Feenstra (R-Hull), Marianette Miller-Meeks (R-Ottumwa), Jason Schultz (R-Schleswig), Zach Whiting (R-Spirit Lake), and Brad Zaun (R-Urbandale) voted in favor of amendment.
State Senators Tony Bisignano (D-Des Moines), Claire Celsi (D-West Des Moines), Pam Jochum (D-Dubuque), Jim Lykam (D-Davenport), and Todd Taylor (D-Cedar Rapids) voted no.
Chuck Hurley, vice president and chief counsel of The FAMiLY LEADER, hailed the vote as âa win not only for life, but also for âWe the People.ââ
âThis amendmentâs language clarifies what is already obvious on a clear reading of the Constitution. There is no âright to abortionâ in our Constitution,â explained Hurley, âand there is nothing in our Constitution that forces taxpayers to fund abortion.
âBut without this amendment, Iowaâs Supreme Court has already shown that itâs willing to just
SJR 9 will now be considered by the full Senate. Constitutional amendments need to pass in the Iowa House and Iowa Senate in two concurrent general assemblies before Iowans have the opportunity to vote to ratify.
Photo Credit: Jason Mrachina (CC-By-NC-ND 2.0)