Updates to informed consent for abortion proposed

A proposal that would update the state’s informed consent laws for abortion was considered by the Judiciary Committee March 6.

LB669, introduced by Whitman Sen. Tanya Storer, would remove sections of state law regarding informed consent that have been ruled unconstitutional and blocked from taking effect. Additionally, the bill would require abortion providers to screen patients for signs of coercion, abuse and trafficking.

Under the bill, if a patient reveals being pressured or coerced into seeking or consenting to an abortion, or is a victim of domestic violence or human trafficking, the provider would be required to supply phone numbers for the national domestic violence and national human trafficking hotlines and allow the patient to make a confidential phone call.

Storer said a successful 2010 lawsuit blocked enforcement of certain sections of a bill that would have required providers to discuss abortion-related research and health risks with their patients before the procedure. As a result, she said, other constitutional portions of the bill also were unenforceable.

LB669 would remedy that situation, Storer said, while adding new language to strengthen Nebraska’s informed consent laws and ensure patient privacy and safety.

“These simple changes could have lifesaving impacts and be the difference between someone’s freedom or continued abuse,” she said. “Whether you’re pro-life or pro-choice, we can all agree that no woman in Nebraska should be pressured or forced into an abortion against her will.”

Marion Miner testified in support of the bill on behalf of the Nebraska Catholic Conference. Nothing in LB669 would prevent a woman from obtaining abortion care, he said, rather the bill would allow a patient the opportunity to back out of an abortion that she may not want or to escape control and abuse.

“Regardless of any person’s or institution’s opinion on abortion or its legality, there are legitimate and important goals that we can all pursue together for the benefit of pregnant women,” Miner said.

Representing Nebraska Right to Life, Bud Synhorst also supported the measure.

Synhorst said pregnancy can give abusers and traffickers greater control over women, including forcing them to have abortions. LB669 would offer women who are being coerced the chance to reconsider and access additional resources, he said.

“While our opposition would say efforts are already underway to screen for these terrible circumstances, we would say the evidence is clear [from] the continued increase in human trafficking and domestic violence — more needs to be done,” Synhorst said.

Julie Shrader testified in support of the bill for Innocence Freed, a nonprofit organization that aids survivors of child trafficking. She said the measure would allow women to make informed and voluntary decisions about their futures.

“No girl or woman should have to undergo a procedure she does not desire because no one took time to ensure her safety,” Shrader said. “No survivor should have to carry the trauma of an abortion [if] she felt pressured into believing she had no other option.”

Adelle Burk opposed LB669 on behalf of Planned Parenthood North Central States in Nebraska. Planned Parenthood already screens patients for coercion and signs of physical and verbal abuse as part of the informed consent process, she said.

Additionally, Burk said, a bill genuinely aimed at protecting women from reproductive coercion would include safeguards against all forms of reproductive coercion, including coerced pregnancy.

“LB669 is not about protecting people from coercion, but about scoring political points by falsely implying that people seeking abortion care aren’t making their own decisions,” Burk said.

Representing the ACLU of Nebraska, Joy Kathurima also opposed the measure. She said Nebraska must strengthen its safety net by providing access to health care, education and housing in order to effectively address intimate partner violence and assist women in escaping abusive environments.

“This legislation is about politics and is just another opportunity for anti-choice politicians and interest groups to shame and harass Nebraska women and their health care providers when they seek to exercise their right to safe, legal and regulated abortions in Nebraska,” Kathurima said.

Taylor Givens-Dunn testified against LB669 on behalf of I Be Black Girl, saying the measure presumes that women seeking abortions are vulnerable and unable to make determinations about their health or future.

“By forcing providers to ask invasive questions that imply coercion, LB669 perpetuates harmful stereotypes about those seeking abortions, suggesting that they are incapable of making those decisions for themselves,” Givens-Dunn said.

The committee took no immediate action on the bill.