Personhood bill on the agenda as abortion rights debate looms in Iowa Legislature

Large, spirited crowds of activists on both sides of the abortion issue repeatedly jammed the Iowa Capitol during the 2017 legislative session, and lawmakers are again bracing for battles over reproductive rights as the Iowa Legislature's 2018 session approaches.

Abortion opponents plan to focus on three key measures: So-called "personhood" legislation that declares life begins at conception; further efforts to cut the state's ties to Planned Parenthood; and moves to outlaw the sale of fetal body parts.

The personhood bill — which was two votes short of winning Iowa Senate Judiciary Committee approval last session — would effectively ban abortions in Iowa. State Sen. Jake Chapman, R-Adel, a lead sponsor of the bill, said he is looking forward to another round of discussion on the measure in the upcoming session.

"I am very optimistic we will be able to have a personhood bill and very optimistic we can get something passed on this issue," said Chapman, who has been joined by 20 co-sponsors for the legislation. The bill states it would not prohibit the use of contraception and it would not impose civil or criminal liability on a woman receiving an abortion.

Bob VanderPlaats, president and chief executive officer of The Family Leader, a social conservative group, recently sent an email to supporters with the message: "Make Iowa the state that overturns Roe v. Wade," referencing the 1973 U.S. Supreme Court decision that affirmed a woman's right to have an abortion. The goal, he explained, is to "eradicate abortion from America forever."

But State Rep. Beth Wessel-Kroeschell, D-Ames, a supporter of reproductive rights, is skeptical of the support for such missives by anti-abortion activists.

"I don't think there is enough support for personhood. It is such extreme legislation. It would reduce access to anything that is hormone-based birth control and it would take away a lot of options for infertility treatments," Wessel-Kroeschell said.

According to the Guttmacher Institute, a research and policy organization, Iowa is one of eight states considering proposed bans on abortion by establishing fetal personhood. Alabama has placed the issue on the November 2018 ballot to amend its state constitution. Voters in several other states, including Mississippi, North Dakota and Colorado, have previously rejected ballot measures to ban abortion. But Chapman's bill would not amend the Iowa Constitution nor would it require a statewide vote.

Erin Davison-Rippey, director of public affairs at Planned Parenthood of the Heartland, promised that supporters of reproductive rights will be as determined as ever to block efforts to restrict access to abortion and other family planning services provided by her organization. Planned Parenthood is Iowa's largest provider of abortions.

"We won't quit. We will continue to push back against these unconstitutional efforts," Davison-Rippey said. "The opposition is very upfront with the fact that they want to pass bills that are unconstitutional in order to send these things through the court process. What that means is more money that the state of Iowa has to spend to defend unconstitutional laws."

Davison-Rippey calls the life-at-conception proposal a "very dangerous bill" that is opposed by people across the political spectrum.

"I don't think there are very many legislators who want to stand in the way of someone who wants to have kids through in-vitro fertilization or families that are controlling their own lives through birth control," Davison-Rippey said.

Debate in last year's session

The 2018 session will convene Jan. 8 in the wake of one of the most divisive debates ever on abortion rights at the Iowa Capitol. The past session saw hundreds of pink-clad supporters of Planned Parenthood rallying against Republican-sponsored bills and chanting "Our body, our choice." At the same time, scores of abortion foes sang Christian hymns and lobbied for passage of legislation they believe will help protect the sanctity of life.

Former Gov. Terry Branstad signed a bill after the session that bans most abortions after 20 weeks. The measure also requires a three-day waiting period for abortions, although those provisions are being challenged in the Iowa Supreme Court. Republican lawmakers also blocked public money for family planning services to abortion providers, which led Planned Parenthood to announce it was closing four of its 12 Iowa clinics.

Maggie DeWitte, executive director of Iowans for Life, said her organization will be working to educate lawmakers about the need to approve a life at conception bill. She described it the "gold standard that anyone in the pro-life movement would want."

"We are hopeful and we are going to try our hardest," DeWitte said.

Another focus, DeWitte said, is the fact that some public money is still being funneled to abortion providers through contracts and other initiatives. She wants lawmakers to shift that money to other health care providers that don't perform abortions.

Another try at a fetal body parts bill

Chapman said another priority is a bill that overwhelmingly passed the Senate last session to ban the sale of fetal body parts. The measure was sent to the House, where it will be considered for final approval. The legislation prohibits persons from acquiring, providing, receiving or transferring fetal body parts in Iowa regardless of whether it was for "valuable consideration."

Davison-Rippey was critical of the legislation to ban the sales of fetal body parts, describing it as "nothing but a false attempt to mischaracterize the things that Planned Parenthood does." She said the local organization has never participated in fetal tissue donation programs.

Fetal tissue has been successfully used for decades in medical research. It was critical in creating a vaccine for polio and more recently it has been used in effort to find treatments for spinal cord injuries, eye disease, strokes and Parkinson's disease.

Some Democratic lawmakers have pointed out that federal law currently prevents the transfer of fetal body parts for valuable consideration. But some Republican lawmakers say state legislation would help to ensure that Iowa Attorney General Tom Miller could become involved if problems surfaced in Iowa.

Wessel-Kroeschell said she doesn't understand why Republican lawmakers want to make further funding cuts to Planned Parenthood. She noted that a Des Moines Register/Mediacom Iowa Poll conducted last February showed that 77 percent of adult Iowans supported Planned Parenthood funding for non-abortion services.

"People have really good experiences with Planned Parenthood. They go there when they have no place else to go and they find professional services from knowledgeable people. They stock more forms of birth control than a regular doctor's office does because that is what they do," Wessel-Kroeschell said.

Abortion opponents are also promoting a noncontroversial bill to expand Iowa's safe haven statute for newborns that won Senate approval on a 48-0 vote late last session. There wasn't time for consideration in the House, where it remains alive for debate in the 2018 session.

The law currently allows parents — or another person who has the parent's authorization — to leave an infant up to 14 days old at a hospital or health care facility without fear of prosecution for abandonment. Senate File 360 would expand the safe haven time period to 30 days.

Under the bill, a person could simply call 911 to have police or emergency medical crews respond to pick up the baby. The infant would be taken to the nearest institutional health facility with no repercussions for the person relinquishing the child.