N.H. House Judiciary life-issue hearings next week

Two bills to change New Hampshire’s policy of unrestricted abortion, along with bills to repeal the buffer zone law, bar public funding of abortion, and protect children born alive after attempted abortion, will be heard in the New Hampshire House Judiciary Committee on February 9 and 10.

These measures respecting human life and conscience may be voted on by the committee at any time after the hearings, without a separately-scheduled session.

To me, some of these bills clearly show better legislative preparation than others. Some show more broad-based support than others. Read them for yourself – then act.

The committee will accept testimony remotely. There is no public access to the Legislative Office Building. You can sign in electronically anytime before the hearings to register your opinion. In an earlier post, I summarized the new testimony and sign-in procedures. Here’s a quick review, followed by details of the hearings and links to the bills.

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Pro-lifers, keep an eye on HHS Nominee Becerra

President-elect Joe Biden has announced his intention to nominate Xavier Becerra to be the next Secretary of Health and Human Services. Becerra, currently California’s Attorney General, has a curious history when it comes to recognizing the free speech and conscience rights of his pro-life neighbors.

Becerra succeeded Kamala Harris as California AG, after Harris was elected to the U.S. Senate. She is now vice-president-elect.

As Attorney General, Becerra followed Harris’s lead in two cases of particular interest to pro-life Americans.

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The attack ad told me to check the facts – so I did

(I wrote this essay for Cornerstone, which has kindly given me permission to re-post here.)

I am an “undeclared” voter, in the parlance of my state’s election laws, which means I’m not registered with any political party. I get a hefty pile of political ads in the mail every day during election season, as both major parties try to win my vote. Check the facts, they urge me.

I recently got a mailer from the state Democrat party attacking a state senate candidate, Gary Daniels, who happens to be a friend of mine. The mailer informed me that Daniels was coming to take away my reproductive rights.

Mailer from New Hampshire Democratic Party opposing pro-life candidate
No wonder “check the facts” is in the tiniest print.

I know the candidate and his voting record, so I was skeptical of the mailer right off the bat. But right there in tiny print on the front was that challenge: check the facts.

Fact number one: the first claim printed on the mailer cited a “vote” that Daniels never cast. He was not a member of the legislature at the time the bill in question was introduced.

“Opposes reproductive health care”

The footnote to the claim that Daniels “opposes reproductive health care” points to HB 685 (2020). Gary Daniels, while he is a former senator, was not in office in 2020. The incumbent in that seat is Shannon Chandley, whose party is responsible for the false claim that Daniels voted on HB 685.

Chandley voted in favor of the bill. That is not to her credit.

HB 685 was an abortion insurance mandate. It was not about reproductive health care. It was about violating the conscience rights of people who would rather not be involved in abortion, even tangentially, by providing insurance for it. It was about equating abortion with maternity care. As the Governor pointed out in his veto message, it was also about violating the federal Weldon Amendment, which would have cost the state millions of dollars in federal funds for human services programs in New Hampshire.

(The Weldon Amendment prohibits federal funds from going to states that discriminate against any health care entity which does not pay for or provide coverage for abortions.)

A vote for HB 685 doesn’t look to me like support for health care. Instead, it looks like contempt for conscience rights.

“Opposes doctor-patient confidentiality”

The mailer goes on to proclaim that Daniels “opposes doctor-patient confidentiality.” Another footnote, this one for HB 629 (2016).

HB 629 was an abortion statistics bill. Not only was it written to protect patient confidentiality, but it contained language to protect provider identity as well. That was how the bill made it through the House on a voice vote, before it was tabled in the Senate after an effort to pass it failed on a 12-12 vote.

I participated as a representative of a policy group, Cornerstone Action, in every hearing and work session between the time the bill was introduced in January 2015 until it died on the table in the state senate in May 2016. I know how great a role confidentiality played in the lengthy negotiations.

To say that support for abortion statistics is “opposition to doctor-patient confidentiality” is a lie. Period.

“Opposes access to contraception”

The footnote to the third claim on the anti-Daniels mailer (“opposes access to contraception”) takes us all the way back to a 2015 bill, SB 42, “relative to employee notification of contraceptive coverage” in employer-provided health insurance. This was an attempt to hang a scarlet letter on companies that were exempt from the Obamacare contraceptive mandate following the Supreme Court’s Hobby Lobby decision.

This bill was so poorly received in the state senate that it was tabled and killed on a voice vote. It never even made it over to the House.

The only roll call vote on the bill was on a proposed amendment that was rejected on a 12-12 tie. Daniels voted against the proposed amendment because he understood the underlying bill.

That’s it. There’s no truth that the vote on SB 42 was about “access to contraception.” No one’s access to contraception was at issue. This bill was all about annoyance with the Supreme Court and with anyone who objected to the contraceptive mandate.

Now, more than ever…

In bold print, the mailer from the state Democrat party tells me that “now, more than ever, we need to come together to protect state level reproductive health.”

Let me fix that for them.

Now, more than ever, we need to come together to respect each other’s rights of conscience.

Now, more than ever, we need to come together to put women’s health ahead of politics, and start reporting abortion statistics including maternal morbidity and mortality. Forty-seven other states have figured out how to do that with aggregate data that protects patient confidentiality.

Now, more than ever, we need to reclaim the authentic meaning of rights and health.

And while we’re at it: now, more than ever, we need to call out a party when it fabricates a vote in an effort to smear a candidate. Just because there are footnotes doesn’t mean the information is accurate or reliable.

I suspect Gary Daniels is not the only candidate whose pro-life record is going to be misrepresented. Do your local candidates a favor: if you hear an accusation about “opposing contraception” or “opposing doctor-patient confidentiality,” call for documentation. If what you get in reply are references to HB 685, HB 629, and SB 42, now you know what they really mean.

The party that created that mailer will have to find another way to attract my vote.

Veto sustained: abortion insurance mandate bill fails

The New Hampshire House has sustained Governor Chris Sununu’s veto of HB 685, which would have created an abortion insurance mandate applicable to certain health insurance policies.

The vote on the veto override attempt was 195-139, well short of the two-thirds majority required for override. (“Yea” indicated support for the override; “Nay” indicated support for the Governor’s veto.)

The vote broke down along party lines. One Republican (Skip Rollins, R-Newport) joined 194 Democrats in supporting the override. Democrats Barbara Shaw (D-Manchester) and Mark Vallone (D-Epping) joined 137 Republicans in voting to sustain the veto.

Pro and Con

Rep. Rebecca McBeath (D-Portsmouth), speaking to colleagues before the override vote, said “abortion care is an essential procedure for women’s health.” In 2019 McBeath voted against collecting and reporting abortion statistics as a public health measure – something that 47 other states do. Further, Rep. McBeath has not taken any steps I know of to require New Hampshire abortion providers to have any medical training.

Rep. McBeath cited the new privacy amendment to the state constitution as another reason for overturning the veto. I wrote about that amendment before it came to a vote in 2018, warning how it could be misused by abortion advocates.

Given a chance to make a brief statement in favor of sustaining the Governor’s veto, Rep. Kim Rice (R-Hudson) reminded her colleagues that HB 685 would have put New Hampshire afoul of a federal law (the Weldon amendment), thereby costing the state millions of dollars.

In his veto message, Governor Sununu cited the Weldon Amendment as one reason for his action. He went on to say, “This legislation is unnecessary, and would threaten the State’s ability to receive federal funding for our many healthcare programs in the middle of a global pandemic. The vast majority of the commercially insured in New Hampshire already have coverage of abortion services. The legislation also raises constitutional concerns by forcing employers who morally object to offering coverage that violates their religious tenets.”

Edited to add link to House roll call vote.

House, Senate to consider veto override on September 16

The New Hampshire House will meet on Wednesday, September 16, to consider bills vetoed by Governor Chris Sununu. Among those bills is HB 685, the abortion insurance mandate.

A two-thirds vote in House and Senate is required for an override. If the House overrides a veto in its 10 a.m. session, the Senate will take it up at its own session at noon.

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