Reality check: where’s the NH abortion “ban”?

A reader sent me a message tonight asking where to find the text of New Hampshire’s Fetal Life Protection Act (FLPA), which does not restrict abortion before 24 weeks of pregnancy. That’s the abortion “ban” that abortion-friendly candidates and PACs keep talking about as the November 8 election approaches.

The reader wanted to show a skeptical neighbor that the current law really does have exceptions for “fetal abnormalities incompatible with life.” When she did an online search for the relevant law – RSA 329:44 – she found no such exception in the first search result she found. I looked at the page kicked up by her search. Then I saw the note at the bottom of the page: “eff[ective] Jan. 1, 2022.”

The search result she saw at first didn’t show the amended version of the law. The amendment went into effect in May of 2022.

To find the updated language, I went to the General Court website and looked for the chaptered final version of HB 1609, the bill that amended FLPA.

Here’s the situation: abortion is hardly banned in New Hampshire.

There is no limitation on abortion before 24 weeks of pregnancy, except for a parental notification provision for minors seeking abortion, which can be sidestepped if the minor opts for a judicial bypass.

FLPA (RSA 329:44 as amended) limits abortions after the fetus reaches a gestational age of 24 weeks, with the following exceptions: “fetal abnormalities incompatible with life,” or a medical emergency, defined in the law as “a condition in which an abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.”

Whether or not you think exceptions are a good idea, they’re in there. This is all a matter of public record. Anyone attempting to obscure or deny the language of the law is not dealing in truth.

The only other abortion statute we have makes partial-birth abortion illegal. That law was passed over Gov. Lynch’s veto in 2012. Partial-birth abortion is a procedure in which the preborn child is partially delivered before being killed. The partial-birth-abortion law restricts one abortion method, not abortion in general.

I salute the reader who contacted me about this. She’s working to bring good sense and accurate information into a conversation with a neighbor. May her effort bear good fruit.

Pro-life candidates earn endorsements from NH Right to Life

The New Hampshire Right to Life PAC has released its voter guide for the general election on November 8, covering state-level races.

Click to access 2022-general-prolife-voting-guide-2.pdf

NHRTL-PAC’s guide also offers quotes from candidates for federal offices, without making endorsements. The PAC is not registered for federal races.

Cornerstone Action, another state-level organization, offers a legislative scorecard and other information about the election at https://www.nhcornerstone.org/election2022/.

NH abortion stats (and lack thereof) in the news

A front-page news item in one of New Hampshire’s best-known media outlets underscores something readers of this blog have known all along: reliable, objective abortion statistics are hard to come by in the Granite State.

The New Hampshire Sunday News for July 31 had a front-page article by Michael Cousineau headlined “NH clinics, foes weigh impact of Roe v. Wade reversal.” (The full article is available online but might be paywalled.) In the course of writing the piece, the reporter prefaced information supplied by New Hampshire abortion providers with a necessary qualifier: “Getting information on the number of abortions in New Hampshire and demographics about those patients is difficult. New Hampshire is one of only three states (along with California and Maryland) that don’t compile and report such statistics to the U.S. Centers for Disease Control and Prevention.”

He quoted Jason Hennessey of New Hampshire Right to Life. “It’s a vital statistic, just like births and deaths. It’s a number we should be keeping track of like 47 other states do.”

This is one policy initiative that needs to keep coming back to the General Court until legislators finally get it right. With or without Dobbs and Roe, the collection of objective abortion statistics and distribution of aggregated data is essential as a matter of public health. Women’s health. Self-reporting by abortion providers is a lousy basis for public policy.

I think we’re up to nine stats bills that have failed in New Hampshire since 2002. Any policymaker who wants to look at past efforts should start with the best one, HB 629 from 2015-16, when the study committee headed by Rep. Bill Nelson did the deepest dive to date on the technical aspects of stats collection. That bill got past the House on a voice vote but died on a tie vote in the Senate; I reported at the time on that disappointment.

Enough already. Let’s get a stats law.

“The power of presence”: Manchester launches 40DFL, Spring ’22

A few notes on the kickoff rally for Manchester, NH’s latest 40 Days for Life campaign:

How many times did I take these launch rallies for granted, pre-Covid? Pandemic precautions kept indoor meetings to a minimum over the past couple of years. State and municipal restrictions and recommendations are easing. Gathering at St. Thomas parish hall in Derry with other 40 Days for Life supporters last weekend felt like an exceptional celebration. It was good to greet neighbors old and new.

Althea Ansah speaking at Manchester (NH) 40 Days for Life rally, Spring 2022. Ellen Kolb photo.

Althea Ansah could have spent twice as much time at the microphone, and I still would have wanted to hear more from her. She’s a former Student for Life leader at UNH, and now she’s a WIC nutritionist and a volunteer with New Hampshire Right to Life.

She said that as a high school student, she had been supportive of abortion, seeing it as an aspect of women’s rights. As she learned more about fetal development, abortion took on another meaning. “It was like a light bulb went off.” Once at UNH, “my walls broke down.” She described going to the national March for Life in 2020 and feeling overwhelmed at seeing so many people coming together to support families.

Now, she values the many roles people have in pro-life work: legislation, prayer, apologetics, reducing the demand for abortions, and – “my favorite” – providing supportive services for people in need. There’s work for everyone. “We all have a personal stake in abortion.”

Mariah McCarron, Students for Life New England Regional Coordinator, speaking at 40 Days for Life rally in Derry NH. Ellen Kolb photo.

Did you know there are nine Students for Life chapters in New Hampshire? I didn’t, until SFL’s Mariah McCarron told me so. This includes high schools and colleges. It also includes places one wouldn’t necessarily expect, like UNH and Dartmouth. More power to them.

Mariah is SFL’s New England Regional Coordinator. She’s a veteran of sidewalk prayer outside abortion facilities, going back to her days as a college student in upstate New York. She urged her listeners in Derry to keep in mind “the power of presence. Your presence means more on the sidewalk than you will ever know.” It affects all those entering and leaving and passing by the facility, some of whom won’t respond right away but will be moved to seek conversation later. Even one’s Uber driver can notice and ask about the sidewalk witnessing, as Mariah once learned to her surprise.

Norm Thibault, campaign coordinator, Manchester 40 Days for Life Spring 2022. Ellen Kolb photo.

Norm Thibault, coordinator for the Manchester 40DFL campaign, went through all the necessary admin announcements – the campaign website, how to sign up for vigil hours, and so on – and wrapped it up with a brisk reminder. “You are pro-life supporters. Don’t let anyone call you anti-anything.”

At one of the information tables in the room, it was good to see someone representing St. Gianna’s Place, which provides shelter and support to pregnant women who would otherwise be unhoused.

Volunteers from Pennacook Pregnancy Center were there as well with literature and business cards to share. They’ll no doubt be happy to provide more to anyone who can use them. Located around the corner from the abortion facility on which 40DFL’s efforts are focused, the Center is a place for information, referral to services, and practical support for pregnant and parenting women and their partners.

Read more about New Hampshire’s three campaigns and about 40 Days for Life worldwide.

So now, stats are valuable

Abortion statistics bills have been defeated numerous times in the New Hampshire legislature. This is so in spite of strong efforts by pro-life activists who want to ensure that stats collection will respect the privacy of individual women. Nope, can’t be done, say stats opponents.

Which brings us to a tweet today from the State House reporter for the New Hampshire Union Leader.

N.H. House Democratic leaders call for creating a dashboard for COVID-19 positive cases in the State House which wouldn't invade personal privacy, but report generally on the extent of infection there. #nhpolitics

— Kevin Landrigan (@KlandriganUL) October 12, 2021

That’s something to keep in mind the next time an abortion statistics bill is introduced. The same “Democratic leaders” (and any likeminded Republicans) calling for COVID-19-positive stats “which wouldn’t invade personal privacy” could explain their aversion to abortion stats subject to the same privacy protections.

At a minimum, I would think that the extent of post-abortion morbidity and mortality would be something worth tracking. That hasn’t gained much traction in Concord yet.

Maybe COVID will prompt some reconsideration about what it takes to collect and report aggregate public health data that protects individual privacy.