Buffer zone, conscience bills will get Senate votes May 5

The New Hampshire Senate at its May 5 session is scheduled to act on committee reports recommending passage for buffer zone repeal (HB 1625) and interim study of medical conscience protection (HB 1080).

Find your senator’s contact information at http://gencourt.state.nh.us/senate/members/wml.aspx

Buffer zone repeal got an “Ought to Pass” (OTP) recommendation from the Senate Judiciary Committee on a 3-2 party-line vote. The House has already passed HB 1625, so if the Senate votes OTP, the next destination for the bill would be Governor Sununu’s desk.

Medical conscience – including the right not to suffer adverse professional consequences for refusing to participate in abortions – got an unfortunate “Interim Study” recommendation on a 4-1 vote from the Senate Health and Human Services Committee. An interim study vote by the Senate would kill HB 1080 for this session. Ideally, senators will overturn the Interim Study recommendation and instead adopt an OTP motion.

The Senate session will be live-streamed on YouTube Thursday, May 5 at 10 a.m.

House session May 4-5

The House will have a two-day session next week. Among the bills on the calendar is SB 399, clarifying the ultrasound provision of the Fetal Life Protection Act (FLPA). It matches HB 1673, which has already passed. SB 399 is on the consent calendar after getting a unanimous 21-0 OTP vote from the House Judiciary Committee.

While this looks like good news, bear in mind that Governor Sununu has indicated his preference for HB 1609, which has already passed House and Senate. HB 1609 clarifies FLPA’s ultrasound provision, but also adds a eugenics exception (for “fetal abnormalities incompatible with life”) to FLPA’s 24-week abortion limitation.

Post header photo of NH Senate chamber: Marc Nozell, CC BY 2.0 https://creativecommons.org/licenses/by/2.0, via Wikimedia Commons

More from House calendar, week of March 15

The New Hampshire House will meet on Tuesday, March 15, for what may turn into a three-day session given the number of bills on the calendar. I’ve written about some bills passing through the Judiciary Committee, as well as a conscience bill out of Health, Human Services, and Elderly Affairs. Those bill’s are on the week’s agenda.

Identify and contact your representatives

For any or all of these bills, you can contact your representatives before Tuesday’s session. Email is quick, but it’s also the most common. Most reps will get more than a thousand emails this week. Make your point in the subject line: identify yourself as a constituent when you write to your own reps, cite the bill number, and include “please vote [ITL for inexpedient to legislate or OTP for ought to pass].” As an example, in emailing my own reps about buffer zone repeal, I’d make the subject line “[name of town] resident, please vote OTP on HB 1625.” The legislators might not have time to read more than that. That’s what happens when several hundred bills come up in the same week.

Conscience protection for medical professionals, HB 1080

The recommendation from the Health, Human Services, and Elderly Affairs Committee is Ought to Pass (OTP) on HB 1080, protecting medical professionals who choose not to participate in abortion, sterilization, or artificial contraception services. The vote was 11-10 along party lines with Republicans in the majority, so there will certainly be a debate on the House floor. Voting Ought to Pass on conscience protections ought to be easy, but this bill faces stiff opposition.

Putting abortion into the NH Constitution, CACR 18

CACR 18 is a proposed amendment to the New Hampshire constitution “providing that the state shall not infringe or unduly inconvenience the right of reproductive medical decisions.” “Inconvenience”??? Even the Judiciary Committee with its abortion-friendly majority was taken aback by this one. The committee recommendation is Inexpedient to Legislate (ITL). The House ought to agree. Because this is a proposed constitutional amendment, a two-thirds OTP vote by the full House will be necessary to advance it. A high bar, for sure, but take nothing for granted. Push for the ITL.

Heartbeat bill, HB 1477

HB 1477 would prohibit abortion in most cases after detection of a fetal heartbeat. Judiciary Committee recommendation: ITL on an 11-10 vote with one Republican joining Democrats to make the difference. In order to pass HB 1477, the House needs to overturn the committee recommendation and then vote OTP.

Buffer zone repeal, HB 1625

I’ve written at length about this bill and the deeply flawed report from the Judiciary Committee that recommended “inexpedient to legislate.” My own recommendation: overturn the committee report, and vote Ought to Pass on HB 1625, repealing New Hampshire’s unenforced buffer zone law that seeks to discourage peaceful prolife witness outside abortion facilities.

Gutting the Fetal Life Protection Act, HB 1673

This one is similar to HB 1609, which regrettably has already passed the House. New Hampshire’s Fetal Life Protection Act (FLPA), a 24-week abortion restriction, has been in effect only a short time. HB 1673 as passed by the Judiciary Committee would render it meaningless. The committee’s recommendation on an 11-10 vote is “ought to pass with amendment” (amendment #2022-0730h), a version that would weaken FLPA. The House ought to overturn that recommendation and instead vote for the committee minority’s recommendation to pass the bill with another amendment (#2022-0688h) that simply clarifies FLPA’s ultrasound provision. In brief: support the minority report on HB 1673.

The sponsors of HB 1673 revealed their intentions in the original version of the bill, calling it a repeal of FLPA. Now, the chief sponsor has put her name on the majority’s amendment. It would apparently serve her purpose. ‘Nuff said.

“Relative to reproductive rights,” HB 1674

Judiciary has recommended ITL on an 11-8 vote. The committee got this one right. HB 1674 would establish that NH “shall not restrict or interfere with an individual’s exercise of their private decision to terminate a pregnancy” except as already provided in law. This is meant to prevent New Hampshire from enacting new abortion regulations even if the Supreme Court kicks Roe to the curb. This one definitely deserves an ITL.

Postscript: fathers’ role in abortions, HB 1181

HB 1181, which would have given biological fathers a right to seek a court injunction to prevent the abortion of their children, was sent to Interim Study by the House earlier this month. This effectively kills the bill. It is not one of the bills on the House calendar for the coming week.

Buffer zone repeal, 2022: House to vote week of March 15

Amidst an extremely long agenda on the New Hampshire House calendar for next week, buffer zone repeal – HB 1625 – awaits action. The Judiciary Committee on a 12-9 vote is recommending “inexpedient to legislate” (ITL). The full House in its multi-day session will vote on the bill sometime between Tuesday, March 15, and Thursday, March 17.

Identify your representatives by checking the House roster by town. Click on each name to find contact information. As them to overturn the Judiciary Committee’s ITL recommendation on HB 1625, and instead support a motion of “ought to pass” (OTP). You may find that you belong to two districts, and if that’s the case, contact all the representatives listed. If you send email, be sure your subject line is clear, since that may be the only thing a rep has time to read: “From a constituent: please vote OTP on HB 1625.”

Why HB 1625 deserves special attention

There will be other life-issue bills on the House calendar, and I will address those in a separate post. Why single out buffer zone repeal for special attention? Certainly the First Amendment implications are important, but there’s another reason. The committee’s majority report recommending ITL contains two falsehoods. Any representative supporting the ITL recommendation will be embracing them.

I cast no aspersions on Rep. Mark Paige (D-Exeter), who wrote the majority report. He may have depended on unreliable sources. All the more reason to clear up the false information.

New Hampshire’s buffer zone law threatens the right of peaceful pro-life witnesses to be present on public property outside abortion facilities. The law has never been enforced since its 2014 passage. Nevertheless, it remains a stain on our statutes.

No, the buffer zone law was NOT drafted to follow Supreme Court guidelines

From the Judiciary Committee’s minority report, which is printed in the House calendar and may be the only thing most reps read about HB 1625: “…the drafters of our current buffer law carefully crafted it after the [U.S. Supreme] Court decided McCullen, thus with particular knowledge of the constitutional limits of buffer zone laws.”

That is four-alarm nonsense.

The U.S. Supreme Court’s decision in McCullen v. Coakley, striking down the Massachusetts buffer zone law on which New Hampshire’s law was based, was handed down on June 26, 2014. (You can read the case itself and my commentary written at the time the case was decided.)

New Hampshire’s buffer zone law was introduced on December 17, 2013, passed by the House in February 2014, passed by the Senate in May 2014, and signed by then-Governor Maggie Hassan on June 10, 2014. That’s 16 days before the Supreme Court handed down McCullen.

The governor and every legislator knew perfectly well that the McCullen case was pending in the Court. They enabled the New Hampshire buffer zone law anyway.

So much for being “carefully crafted” after McCullen.

click to read more

Preview and review: upcoming House hearing and votes, results of earlier hearings

On Tuesday, February 15, a House committee will hold a hearing on a medical conscience bill. Details below. What you can do: sign in online in support of the bill. Healthcare professionals, take note.

On Wednesday or Thursday, February 16 or 17, the full House will vote on a bill that was intended to gut New Hampshire’s Fetal Life Protection Act – and the House has the opportunity to adopt an amendment which would actually protect FLPA. Details below, along with a note on what will happen the same day to the abortion statistics bill. What you can do: contact your state representatives.

On Friday, February 18, the House Judiciary Committee will vote on the six life-issue bills on which they held hearings recently. Details (you guessed it) below. What you can do: contact the committee. You might be dismayed at the way the online sign-ups went on these bills. No need for dismay: let this be a spur to action.

Finally, to update an earlier post, you’ll read how the Senate voted on a pair of life-issue bills.

Continue reading “Preview and review: upcoming House hearing and votes, results of earlier hearings”