Senate Democrats Wednesday excoriated a bill by Senate Majority Leader John Coghill, R-North Pole, that seeks to define a “medically necessary” abortion and restrict state funding for the controversial procedure.
Sen. Hollis French, D-Anchorage, called a provision in Senate Bill 49, which was introduced on Monday, “frankly nothing less than offensive” for requiring rape and incest victims to report the crime “promptly” to police or public health officials in order to receive funding from the Alaska Department of Health and Social Services for an abortion.
“This is a state that has the worst sex abuse and sex assault rates in the nation,” French said during a Senate minority caucus press conference Wednesday morning. “Many, many victims do not report for very obvious reasons. It’s an extremely difficult crime to report. It’s an extremely difficult crime to come forward with. And I don’t see how you can possibly ask to tie that reporting requirement to the fact that a rape or act of incest has happened.”
Sen. Berta Gardner, D-Anchorage, concurred.
“There are many young girls who are sexually abused, who are raped, who don’t even report to their mothers,” said Gardner. “How on earth can we expect them to report to law enforcement?”
Matt Johnson, executive director of Alaska Right to Life, called French’s characterization of the bill’s “promptly report” provision “a little over the top.”
“I’m not sure what Sen. French is trying to accomplish, but it seems like if you’re really trying to protect women from men who are predators, those men need to be outed,” said Johnson, whose organization is based in Anchorage. “If you want the state to pay for (abortion), you know, I think the state has an interest in catching predators like this, and the state has an interest in securing its citizens and protecting them against those kind of people.”
Coghill’s argument was similar.
“Why wouldn’t somebody (promptly report rape or incest)?” Coghill asked rhetorically. He added, “If there’s a safety question, that will be no doubt taken into consideration. This is not the only law in the law books on people’s protection.”
Coghill said the language of the bill is “mirroring” the federal Hyde Amendment, which restricts Medicaid funding for abortions except when pregnancy is caused by rape or incest or when the pregnancy endangers the life of the mother.
However, the Hyde Amendment does not contain language requiring that rape or incest be “promptly reported” in order for a resulting pregnancy to be aborted with Medicaid support.
Treasure Mackley, political and organizing director for Seattle-based Planned Parenthood Votes Northwest, who was in Anchorage Wednesday, said the “promptly report” provision “really does put women’s health at risk.”
“I think the concern here is that politicians should not be in the business of defining what is medically necessary,” Mackley said. “That should be left to women and their doctors.”
Coghill said S.B. 49 is a response to the Alaska Supreme Court’s ruling in DHSS v. Planned Parenthood, a 2001 case in which the court concluded that the state cannot exclude abortion from the “medically necessary” health care it is required to fund under the state Medicaid program.
In her written opinion, Chief Justice Dana Fabe named several medical conditions that could be complicated by pregnancy, including diabetes, sickle cell anemia and epilepsy. Those are included in a list within S.B. 49 of conditions that “‘serious risk to the life or physical health’ includes, but is not limited to.”
French objected to that list.
“I think it’s very hard to make a laundry list of medical conditions that may cause a doctor to recommend an abortion for his patient,” said French. “It’s really inserting the state into a place where only a doctor and a patient should be.”
But Coghill said that his bill is just codifying the examples in the Supreme Court decision.
“We took those and we added a couple that had been found in other court cases,” Coghill said. “I think there are only three or four (others).”
Something else about S.B. 49 besides its language attracted the attention of Senate Minority Leader Johnny Ellis, D-Anchorage.
“Did you notice there was no Health and Social Services Committee referral on the legislation?” Ellis asked during the press conference. “It goes to the sponsor’s committee of Senate Judiciary, but not to the Health Committee. A bill that in its title says … the phraseology of ‘medically necessary’ was not referred to this majority by the Health Committee. It speaks volumes.”
Coghill is the chairman of the Senate Judiciary Committee.
“We think that body of medical necessity really has already been debated,” said Coghill Wednesday afternoon. “Now it’s a matter of answering the Supreme Court at their level. So I think it’s really a legal question at that point.”
As to whether S.B. 49 is a health or social services matter, Johnson said, “I’m not saying it’s not, but I think it’s primarily an issue that has to do with state finances and with the law. So it is appropriate for it to go to Judiciary.”
The bill has also been referred to the Senate Finance Committee.
• Contact reporter Mark D. Miller at 586-1821 or at mark.d.miller@juneauempire.com.
Comments (49)
Add commentPutting the burden of enforcing the law
on the victims of rape and incest, quite possibly in a small town, or in situations where the sexual predator is posing as a respectable citizen or an authority figure, in order to procure an abortion from said act, is one of the stupidest ideas I've heard in a long time. Senate Dems are right to protest this nonsense, as they are to protest any list of "medically necessary" conditions compiled by politicians---The first is the responsibility of law enforcement; the second should be purely a matter between a woman and her doctor.
Definitions
Personally, I find it more interesting that there is a female cosponsor of this bill, and even more so that she is an advanced nurse practitioner, a position that most would think requires a certain degree of compassion.
Long-term view here: even if the status quo is abused to pay for elective abortions, it is preferable to the alternative. We do not need more unwanted children, for whatever the reason. Given that less than one tenth of a percent of the population of the State used public funds it really doesn't seem to be that large an issue. Provide figures indicating that it is a major expense in relation to other Medicaid spending, and it might be worth discussing.
it's a shell game
I bet they did this so the bill wouldn't pass then they don't have to vote on it it's typical republican politics, just another way these scum hold poor people hostage.
Say what?
“Why wouldn’t somebody (promptly report rape or incest)?” Coghill asked rhetorically.
Maybe they should change this to "politically necessary" abortions?
If Sen. Coghill doesn't know the answer to his questions, it's further evidence as to why the state refuses to step up and make sure that all those in need of protection from domestic violence get the help and services they need.
Astounding. Choose respect, Sen. Coghill!!
Coghill has double standards for men and women
If Coghill doesn't know why women might not promptly report rape or sexual abuse, maybe he should call the pope.
Because males certainly didn't report abuse by priests for many years.
Or does Coghill have one standard for males (report when you are able many years later) and women (report immediately or big government will force you to bear the baby of a rapist).
Be the change...
It is said we should be the change we want to see in the world, but most of these posts ignore that guidance.
I'm not thrilled about government involvment on abortion, but I do see that a "head in the sand" attitude when it comes to reporting rape will only perpetuate the status quo.
If your daughter were raped in a dark corner at her high school prom, would you want others advising her that reporting or not reporting -- even to her parents -- is a matter of personal choice and not a citizen's obligation to support a law-abiding society? Or that consideration to not reporting should be given because the rapist is a religious figure, prominent teacher or sports team star?
Girls, or boys for that matter, that have been abused need to report promptly or we'll never interrupt the abuse of women and children that is allowed to continue in the shadows -- and sexual predators will continue to find satisfying and easy prey. An unyielding stand on reporting is the ultimate expression of compassion -- for the string of victims that will follow an abuser's first successful attempt without consequences.
Well said
ratfishtim, 1 out if 4 girls under 18, is sexually abused. 9 out of 10 by a male relative. Doesn't anyone remember Brian Todd Ervin? Former local law enforcement, though not convicted of a sex crime. His wife mother of his victim chose to believe her husband was innocent. And her own daughter dreamed the whole things up, because she was a spiteful, s***.
In my opinion. termination of a pregnancy is the decision of those who conceive.
Not that many years ago if a woman needed/wanted an abortion, she had to fly to Seattle.
This is a stupid argument. Women will never give up our rights again.
Colorado ruled with the Catholic hospital a fetus is not a person till it is born alive.
No empathy
The posters that favor this "prompt reporting" have no idea what it is like to be traumatized by a rape or be a victim of incest or they would not spew such drivel.
Shame on the sponsors of this bill for placing a "time limit" on trauma and fear. It's not because she's lazy that the rape or inappropriate contact is not immediately reported and they KNOW IT. Fear is a powerful emotion as is guilt and shame. How dare you imply that the victim is not interested in getting the scum arrested and held accountable?
This is nothing more a "got-ya" clause for political recognition. They could care less about the victim.
Flynx, that's about as twisted an argument on this
as I've heard. What the hell do you THINK we want, as fathers, parents, when our children are molested or raped? Your post demonstrates that you have NO IDEA what you're talking about, and no direct experience whatsoever with the victims of rape and incest, or the circumstances surrounding these repeat occurrences in our communities.
BE THE CHANGE!!!??? Why don't you get your own head out of the sand and maybe garner a little more life experience before lecturing concerned parents on an "unyielding stand on reporting"! Maybe sit down with the rest of your republican colleagues, do a little reading on the subject, and ask yourself the tragic and agonizing question that the (responsible)adults in our communities have faced for generations: WHY didn't all of these horrible cases report sooner?
and same for you "mediawatchdog"
Willful ignorance of the kind you repeatedly demonstrate, as in the case of your above post, has no place near policy making.
And you present the facts yourself! I sincerely hope, for your sake and your children's, that you never have to apply your sophomoric moral absolutes to real life situations.
I repeat, for the benefit of "watchdog" and Flynx:
What in hell do you THINK responsible parents want for their children, strive every day to accomplish? I find your assumptions insulting.
Now I want you to start paying attention to these tragedies when they unfold in our towns, and do a little reading about the ones you've obviously glossed over, and ask yourselves WHY these situations have gone largely unreported...Yes, you're going to be confronted with instances of bad parenting---The worst: Far beyond the reach of your bleating insistence on encouraging prompt reporting! You're also going to be confronted with broken families, abject poverty, and twisted human beings who insinuate themselves into the lives of our children on a daily basis---As teachers, ministers, youth counselors, coaches, and daycare providers, and yes, THEIR PARENTS--- What do you think the word "incest" means, anyway?
Right now your posts amount to waving your magic wands and eliminating a cancer in our society simply because you think that we, as parents, should!
These opinions reflect a profound ignorance of the conditions surrounding these crimes, an ignorance far beneath such programs as "Choose Respect," for instance, and have no place near public policy.
Where is the true ignorance?
Jamison, two points that I firmly hold to be true: government does not and should not insert itself into the ability of a woman to make a choice regarding abortion; and you have obviously never spoken with a professional rape counselor in your life.
How Appropriate
Another article and debate about killing babies on Valentine's Day. I can feel the love.
Flynx I agree with you there (in your first point anyway)
but as far as your "be the change" stance on prompt reporting to receive an abortion as a result of sexual violence---I consider that an example of extreme naivety.
What's next? A "Just Say No" campaign, for the women and girls that are subject to these assaults? And why not---Our society and our court system has been saying that to them for generations.
Regardless
of how any of us think a victim of rape or incest should react, this special provision is not beneficial to a law-abiding society and only serves those who oppose abortion in general. This provision is solely intended to restrict the availability of abortion procedures to women who currently have the option. This is nothing new, but with an overwhelming majority in the House and Senate, Republicans are getting sloppy. Who do they need to convince? A bunch of staunch social conservatives that "hurrah" this sort of disregard for victim's rights? Apparently social conservatives are borderline narcissistic because anyone who supports this provision strongly lacks the ability to empathize with victims of rape and incest. This is a serious personality disorder.
Way to go
Akmom I can feel the love too
laws
So many of the laws introduced by pro-life legislators, are directed at women only. They dont believe in abortion, so they find back door ways to force women to bear the child. They either keep the child and stay on government assistance, or they give the child up to an already over-burdened adoption system. Yet, there are no laws directed at the men who play a role in getting women pregnant. Child support laws are weak, many men either work under the table to avoid having to pay it, or change their names to avoid being found, or are on the government dole themselves or the amount they pay in many cases doesnt amount to peanuts. Many of these same men keep having kids, leaving a string of kids behind as they move on to the next woman. I propose that any man who gets a woman pregnant who refuses to pay child support and doesnt play a responsible role in the childs life, under-go a forced vasectomy. Unfortunately we would never see such a law, because that law would apply to half of the men in the legislature. So much for legislating morality.
Here's an idea - pay for the
Here's an idea - pay for the abortion yourself in the case of rape or incest. Then no one needs to know except the provider and the "victim".
I wonder if number of cases of "rape and incest" needed abortions go up in states with that requirement?
It's disheartening that the liberals on here argue for abortion but don't want the perpetrators of rape and incest held accountable.
Or to put it another way - let's just deal with the consequences and don't get at the root of the societal problem.
Why does the progressive mind think that way? It's like no one should ever be held accountable for their actions.
Comment
Senator Coghill is a Christian, and therefore he believes that abortion is murder. I understand that and respect him for it.
I am a lifelong conservative who believes that bastard children should be aborted, and it is one measure that I would be willing to pay for through taxes. I know many, many conservatives who feel the same way. It's OK with me if the issues of rapists are also aborted but that really is a very small part of the problem.
I would bet that many of the rapists have fathered bastard children and no doubt some are bastard children themselves. Moreover, inner city food stamp culture promotes generation succeeding generation of bastards so government-funded abortions save tax dollars.
Comment
But I do think that attaching the crimes of rape and incest to the abortion question makes everything more complicated - especially for the political process that involves standing for election. Clearly rape and incest are crimes, and that is the end of that story.
More abortion appears to me to be in the best interests of society worldwide but I understand the moral objection Christians and adherents of certain other religions have. That is one issue upon which many economic, nonreligious conservatives can agree with environmentalists.
There was a time when Christians also objected to bastard children or at least the act of producing them but that objection seems to have fallen by the way. Possibly allowing objections such as once was firmly maintained by Christians to producing bastards to disappear gives credence and encouragement to those who now demand that objections to abortion, including those funded by government, disappear.
We might remind Senator Coghill
Think how much better the world would be if Barack Hussein Obama's mother had chosen abortion!
by the way
anyone know what happened to "mediawatchdog"? As much as I disagreed with his/her post, it didn't appear to violate any of the terms of the agreement for this site...
choose disrespect
Governor Parnell takes every opportunity to tout his campaign for women, but then his party does this to women. I hope that's reflected in the ballot box.
Anyone else
GD, please define what you mean by "bastard children" are you implying (or stating directly) that all conceptions produced outside of wedlock should be aborted?
If that is what you are saying, wow! I didn't think anyone could find a new extreme in this conversation but you have nailed it. I will give it to you, I believe you have provided support to those individuals who are pro-choice, if only by such a stark comparative.
@Rough...
Go back on the meds bro, or your verbal abuse wll get ya kicked off the blogs... just sayin...
glacierdogs,
That’s a really good point you bring up. It’s highly probable that Senator Coghill is one of these non-thinking Tea Party Republicans who believe the world’s problems started with the election of the first African American President of the United States. Although, I’m sure Senator Coghill, as a Republican, has given that idea some thought, as I’m sure you have. He apparently is slightly smarter than we give him credit for since his convictions remain unswayed. Maybe not…
Rain
Yes, absolutely. Pro-choice doesn't go nearly far enough for this conservative.
These "christians"...
(and I use the term lightly, due to massive hypocrisy) want to ignore a basic platform in our nation's foundation, that is, Separation of Church and State. Just because someone holds a religious belief does not make that person right or give them any moral authority whatsoever. Once again, we have a right-wing tea baggin republican pushing legislation concerning women. Here's another white guy who thinks he's a good arbiter for women (not!). Coghill is a good example as to why even sewn-up right-wing Alaska will eventually go democrat...because the GOP tent is about the size of a pup-tent, as the policies they fight for are so completely out of touch with mainstream America. While I'm pleased that the total disarray of the GOP means that they won't win a national election for some time, I am purely disgusted with the blatant obstructionism by the republicans of the governing process.
Thank you cheespuff, for
Thank you cheespuff, for bringing race into this discussion. Why'd you wait so long?
Wow, wolfmagic - "right-wing tea baggin republican", "white guy", huh? Can't keep the vitriole and personal attacks under wraps any longer?
You lady, are what's wrong with America. I'm disgusted.
Okay, report me to the Empire blogger police.
ya ok...
Most would agree that Obama's legacy in large part can be defined by his being the first ever elected African American President of the United States. If it makes you uncomfortable to acknowledge this, that's your problem. Mentioning race isn't racist, it's stating a fact. If race is such a sensitive issue with you, again, that is your problem. Consider my comment anyway you wish, but like usual, you completely miss my point, which is: people who blame Obama for the world's problems are non-thinkers.
Rough cut, you're certainly one to judge the content of posts on here... and I refer you to previous comments you have made. What exactly do you have? A series of angry comments with "filtered words"? What's that about "good attacks" and "talking points"? Got any more?