Get the Facts on How the Reproductive Privacy Act Bill Passed

JUNE 19, 2019  – – – – – – – – – – 

After several decades of hard work, on June 19th the Rhode Island State Senate and House of Representatives passed the Reproductive Privacy Act and Governor Gina Raimondo signed it into law.  

With the onslaught of attacks on Roe v. Wade and the right to safe, legal abortion care this was a huge victory.  This win would not have been possible without the hard work of thousands of volunteers and dozens of organizations. We celebrate this important step forward and commit to the work of making sure that people not only have the right, but also the ability to get an abortion when they need one.  

 

What does the Reproductive Privacy Act do? 

The goal of the bill was to affirm the protections of Roe and subsequent Court decisions. It does not as the opposition likes to claim permit abortion at any stage in pregnancy.

1. The RPA protects an individual right to seek abortion until viability.
2. After viability, the RPA ensures that if someone needs an abortion to protect their life or health, abortion will be available.
3. It also removes unconstitutional laws from the state books.  
4. It DOES NOT in any way impact the enforcement of the federal law that is known as the “partial-birth abortion ban” (totally inflammatory name that is not scientifically based and is meant to stir up emotions, but we digress).

 

Myths and Misinformation 

While the bill was being advanced and in the floor debate, there were many claims made and misinformation pushed about the bill and about how abortion care is provided.  

• Abortion is a safe and well-regulated procedure with well established, evidence-based guidelines for care.  There is an extremely low rate of complications (less than 1% according to the Centers for Disease Control).
• There is no factual basis or medical need for the kind of regulations that target abortion clinics for special and unnecessary requirements.  Some politicians don’t want abortion to be available, so they make erroneous claims about its safety in order to push for laws that are specifically designed to make care more expensive for individuals and to make it harder for clinics to be able to provide services.  These bills are out of line with the recommendations of major medical organizations and do nothing to improve health outcomes. 

Health needs should determine the practice and availability of care, not politics or personal beliefs. 

 

The bill was amended several times from the original version in order to provide clarity and balance different interests. 

Here are a few details about some of the language included in the final version: 

• A pregnancy may need to be ended after viability in the judgment of a doctor. The bill says that if a doctor does not follow the prohibition on the availability of services only in cases of saving the life or health of the pregnant person, then it will be deemed unprofessional conduct and it connects to a statute around medical conduct.  It is NOT a criminal penalty. We know that abortion providers are very compassionate and caring and well trained health professionals who provide the highest standard of care.  This provision certainly should not imply otherwise.
• If a doctor does provide an abortion after viability they must indicate why in the medical record to ensure it was within the parameters of protecting the health or life of the pregnant person.  This essentially would already be done in medical records and this information would still only available to the patient and the health professionals they work with per current medical privacy rules.
• An earlier version provided for the option of grandparents and adult siblings over 25 to give consent to a minor seeking abortion.  This was removed.
• An update was made to the current law around felony assault, which basically provides an option for a sentencing enhancement based on assault or battery on a pregnant person that results in termination of the pregnancy if they know or have reason to know they are pregnant.  Abortion providers and health professionals are exempt to ensure that does NOT prohibit an abortion or make it so that a health professional cannot provide care needed to a pregnant person or fetus.  Additionally, the pregnant person cannot be charged for actions they take that may result in termination under this provision.
• It removes laws on the books that were already deemed to be unenforceable and in some cases to contradict the intended purpose of protecting the promise of Roe.
• It removes the state law around partial birth abortion, which was already found to be unenforceable. This does NOT change that abortion after the point of viability is provided only in cases where a woman’s life or health is at risk. The amended RPA has language making clear that the federal PBA ban would still be enforced. This does NOT permit abortion at any point in pregnancy. It does protect the difficult situations where a woman’s life or health is at risk.  

The intent of this law is to guarantee that no matter what happens at the federal level that people in Rhode Island will have the legal right to seek an abortion.

What does it all mean? 

We believe every person should have the ability to make their own decision about how to build their family, manage their health and plan their pregnancies.  This ensures that we become parents when we are ready and that we control our own futures.  

There is still a lot of work to do to make sure we can get the care we need to prevent unintended pregnancies when we are not ready to parent or add to our families, to have healthy pregnancies and address the very real health crisis facing Black women with increasing rates of material mortality, to get rid of the barriers that push abortion care out of reach, and to ensure we can all raise our children in safety and with dignity.

 

 

 

 

JUNE 10, 2019 – – – – – – – – – – 

The House Bill (H 5125) was scheduled for a vote in Senate Judiciary Committee on Tuesday, June 11^th.  It was amended.

The Sub B: http://webserver.rilin.state.ri.us/BillText/BillText19/Proposed19/H5125B.pdf.

Generally, the bill still: (1) takes unconstitutional laws off the books, and (2) adds proactive language that affirms the right to abortion in Rhode Island.

What does the sub B do (in lay person’s terms – we are activists, not lawyers)? 

1)     If a pregnancy needs to be ended after viability it clarifies that if a doctor does not follow the prohibition of allowing  an abortion in the case of saving a person’s life or health, then it will be deemed unprofessional conduct and it connects to a statute around medical conduct.  It is NOT a criminal penalty. We know that abortion providers are very compassionate and caring and well trained health professionals who provide the highest standard of care.  This provision certainly should not imply otherwise.

2)     If a doctor does provide an abortion after viability they must indicate why in the medical record to ensure it was within the parameters of protecting the health or life of the pregnant person.  This essentially would already be done in medical records and this information would still only available to the patient and the health professionals they work with per current medical privacy rules.

3)     The sub A in the House provided for the option of grandparents and adult siblings over 25 to give consent to a minor seeking abortion.  This was removed.

4)     An update was made to the current law around felony assault, which basically provides an option for a sentencing enhancement based on assault or battery on a pregnant person that results in termination of the pregnancy if they know or have reason to know they are pregnant.  Abortion providers and health professionals are exempt to ensure that does NOT prohibit an abortion or make it so that a health professional cannot provide care needed to a pregnant person or fetus.  Additionally, the pregnant person cannot be charged for actions they take that may result in termination under this provision.

This took a lot of work to get here and it NEVER would have happened without the hard work of activists across the state pushing hard throughout this session.  The work is not over, but we want to thank all of you and also express our gratitude to Representatives Anastasia Williams and Edie Ajello for their work in the House, the Senate President Dominick Ruggerio and Senate Judiciary Chair Erin Lynch Prata for their work to get a bill scheduled in committee and Senator Gayle Goldin for her leadership in the Senate.  We also want to thank all of the co-sponsors of the bills.

There is still work to be done, but this is a BIG moment.  Now let’s keep organizing and calling and showing up and let’s get this bill to the governor’s desk!

 

 

 

 

MAY 14, 2019 – – – – – – – – – – 

Last Tuesday, May 14^th the Senate Judiciary voted down the Senate bill – the Reproductive Health Care Act (S 152A).  Two senators who had made public commitments to support Roe and a bill to protect the right to abortion when they were campaigning – Senator Lou Raptakis and Senator Stephen Archambault voted “no” and it was defeated 5-4.  The Reproductive Privacy Act (H 5125A), which had been amended after conversations with the Rhode Island Coalition for Reproductive Freedom and sponsors to reach a compromise, was tabled for further study.  This means the House version is still in play and could be moved to the full Senate floor.  The Senate president has made a public commitment to get a bill to the floor for a full Senate vote.  Once the vote was complete, supporters of abortion rights chanted in protest and took over the Senate chamber and State House.  We have continued to keep up the pressure.

After generating hundreds of calls, Senators Lynch Prata and Miller, heads of the Senate Judiciary and Health and Human Services committee publicly stated the need for the Judiciary Committee to come together to find a solution of how best to proceed.  The Womxn Project also put pressure on the governor to take a more public and vocal lead in support of getting a bill to her desk this year.  Finally, we continue to show up, speak out and to put pressure on lawmakers who are not standing up for our health and rights!

So what does the current bill do?

Let’s say it again, this bill DOES NOT permit abortion at any stage in pregnancy.

1. The RPA protects an individual right to seek abortion until viability.
2. After viability, the RPA ensures that if someone needs an abortion to protect their life or health, abortion will be available.
3. It also removes unconstitutional laws from the state books.
4. It DOES NOT in any way impact the enforcement of the federal law that is known as the “partial-birth abortion ban” (totally inflammatory name that is not scientifically based and is meant to stir up emotions, but we digress).

We will continue to work to do all we can to get this done.  We know the stake are high.  We are not giving up!

—————–below you will find info from the House efforts….

 

 

March 2019 – – – – – – – – – – – – – – – – – –

What does it look like now?

• Read the statement from the Rhode Island Coalition for Reproductive Freedom.
• The sub A (amendment) for the RPA (H 5125) will be voted on Tuesday in House Judiciary. The Coalition and The Womxn Project are in support of this amendment.
• We would like to see the Senate version of the RHCA (S 152) be amended in the Senate to line up with the RPA.
• We want both of the bills to move to the floor right away and to pass without exception or amendment. NO AMENDMENTS.  This amendment was very thoughtfully crafted.  It is time to stop the delays and get these bills passed into law.

What should we know about the proposed amendment to the RPA?

While the language is not exactly the same as the RHCA, here’s the good news – the facts behind the bill are the same.

• It codifies the protections of the Roe v. Wade decision into Rhode Island statute.
• It removes laws that are currently on Rhode Island books that are unconstitutional and unenforceable.
• It allows a pregnant person the legal right to obtain an abortion up to fetal viability.
• After viability, access to services would be limited to cases where a woman’s life or health was at risk. This is the law as it stands today and neither the RHCA nor the proposed amendment for the RPA change that.

It protects the right to abortion. That’s it.

So what’s different?

• There is language regarding the state law that forces young people to obtain parental consent. It would allow a grandparent or an adult sibling over 25 to also provide consent for a young person to seek an abortion.
• It removes the state law around partial birth abortion, which was already found to be unenforceable.This does NOT change that abortion after the point of viability is provided only in cases where a woman’s life or health is at risk. The amended RPA has language making clear that the federal PBA ban would still be enforced.
• Opposition will make all kinds of inflammatory and ridiculous claims, but it does NOT permit abortion at any point in pregnancy. It does protect the difficult situations where a woman’s life or health is at risk.  That’s it.

In the end, the facts behind the proposed amendment to the RPA and the RHCA as currently written are essentially the same – codify Roe, remove unconstitutional laws from the books, protect the individual right to abortion up until viability, provide medical options including abortion after viability to save a woman’s life or health – that is it.  That is protecting the status quo, fulfilling the promise of Roe and protecting the right to abortion.  That is what we need to do now, so that no matter what happens at the federal level if you need an abortion in Rhode Island, you know you can get safe, legal care. 

No more delays. The time is now. Let’s get this done and protect the right to abortion THIS YEAR!

 

 

 

FEBRUARY 15, 2019 – – – – – – – – – – – – – – – – – –

This goal of this bill is to protect the right to seek an abortion in Rhode Island. We believe every person should have the ability to make their own decision about how to build their family, manage their health and plan their pregnancies.  This ensures that we become parents when we are ready and that we control our own futures.  We have a chance to pass this important legislation this year.

WHAT DOES THE BILL DO?
The RHCA prohibits the state from restricting people from seeking an abortion until the pregnancy reaches viability.* The intent of this bill is to guarantee that no matter what happens at the federal level people in Rhode Island will have the legal right to seek an abortion.

The RHCA gets rid of old laws restricting abortion that have been found unconstitutional.Some people don’t want abortion to be available at all regardless of circumstances, so over the years laws have been passed in order to limit access to care. Many of these policies have been found unconstitutional or cannot be enforced based on legal precedent. This bill strikes these laws from the books.  

WHY DO WE NEED THIS BILL NOW?
This bill will draw the line and make it abundantly clear that we protect every person’s ability to make their own decisions and to follow their own beliefs when it comes to pregnancy, parenting and abortion.

 

WHAT DO VOTERS HAVE TO STAY?
More than 70% of voters and 61% of Catholics in our state have said that they want to see this bill enacted and to make it clear that the right to abortion is protected in our state.  It has strong support and is frankly the right thing to do.

 

MORE INFORMATION TO DOWNLOAD

Download Postcard Template Above
RHCA_v_RPA_Comparison

 

HOUSE Sponsors (38):
(visual graphics to share)
(emails & phone numbers)

• Rep. Christopher R. Blazejewski (D-Dist. 2, Providence)
• Rep. Julie A. Casimiro (D-Dist. 31, North Kingstown, Exeter)
• Rep. Robert E. Craven (D-Dist. 32, North Kingstown)
• Rep. Kathleen A. Fogarty (D-Dist. 35, South Kingstown)
• Rep. Justine Caldwell (D-Dist. 30, East Greenwich, West Greenwich)
• Rep. Arthur Handy (D-Dist. 18, Cranston)
• Rep. Jason Knight (D-Dist. 67, Barrington, Warren)
• Rep. Marvin L. Abney (D-Dist.73, Newport, Middletown)
• Rep. Charlene Lima (D-Dist. 14, Cranston, Providence)
• Rep. Karen Alzate (D-Dist. 60, Pawtucket)
• Rep. Terri Cortvriend (D-Dist. 72, Portsmouth, Middletown)
• Rep. Joseph M. McNamara (D-Dist. 19, Warwick, Cranston)
• Rep. Teresa Tanzi (D-Dist. 34, South Kingstown, Narragansett)
• Rep. Lauren H. Carson (D-Dist. 75, Newport)
• Rep. Marcia Ranglin-Vassell (D-Dist. 5, Providence)
• Rep. Dennis M. Canario (D-Dist. 71, Portsmouth, Tiverton, Little Compton)
• Rep. Rebecca Kislak (D-Dist. 4, Providence)
• Rep. Susan R. Donovan (D-Dist. 69, Bristol, Portsmouth)
• Rep. Gregg Amore (D-Dist. 65, East Providence)
• Rep. Moira J. Walsh (D-Dist. 3, Providence)
• Rep. Evan Shanley (D-Dist. 24, Warwick)
• Rep. Katherine Kazarian (D-Dist. 63, East Providence)
• Rep. Jean Philippe Barros (D-Dist. 59, Pawtucket)
• Rep. John W. Lyle Jr. (R-Dist. 46, Lincoln, Pawtucket)
• Rep. Deborah Ruggiero (D-Dist. 74, Jamestown, Middletown)
• Rep. Joseph S. Almeida (D-Dist. 12, Providence)
• Rep. Anastasia  P. Williams (D-Dist. 9, Providence)
• Rep. Carol Hagan McEntee (D-Dist. 33, South Kingstown, Narragansett)
• Rep. Liana Cassar (D-Dist. 66, Barrington, East Providence)
• Rep. Mary Duffy Messier (D-Dist. 62, Pawtucket)
• Rep. John Lombardi (D-Dist. 8, Providence)
• Rep. David Bennett (D-Dist. 20, Warwick, Cranston)
• Rep. Mario Mendez (D-Dist. 13, Johnston, Providence)
• Rep. Carlos E. Tobon (D-Dist. 58, Pawtucket)
• Rep. Shelby Maldonado (D-Dist. 56, Central Falls)
• Rep. Daniel P. McKiernan (D-Dist. 7, Providence)
• Rep. Robert B. Jacquard (D-Dist. 17, Cranston)

 

SENATE Sponsors (17):
(visual graphics to share of each)
(emails & phone numbers)

• Sen. Gayle L. Goldin (D-District 3, Providence)
• Sen. Ana B. Quezada (D-District 2, Providence)
• Sen. Adam J. Satchell (D-District 9, West Warwick)
• Sen. James A. Seveney (D-District 9, West Warwick)
• Sen. Dawn Euer (D-District 13, Newport, Jamestown)
• Sen. Donna M. Nesselbush (D-District 15, Pawtucket, North Providence)
• Sen. Ryan W. Pearson (D-District 19, Cumberland, Lincoln)
• Sen. Joshua Miller (D-District 28, Cranston, Providence)
• Sen. Erin Lynch Prata (D-District 31, Warwick, Cranston)
• Sen. Cynthia Armour Coyne (D-District 32, Barrington, Bristol, East Providence)
• Sen. V. Susan Sosnowski (D-District 37, New Shoreham, South Kingstown)
• Sen Sandra Cano (D-District 8, Pawtucket)
• Sen William Conley (D- District 18, East Providence, Pawtucket)
• Sen Bridget Valverde (D-District 35, East Greenwich, North Kingstown, South Kingstown, Narragansett)
• Sen Valerie Lawson (D-District 14, East Providence)
• Sen Melissa Murray (D-District 24, Woonsocket, North Smithfield)
• Sen Samuel Bell (D-District 5, Providence)