Opinion

Davis: Government has no place in abortion debate

The recent debate in the Texas Legislature over the state's new abortion law generated passionate support on both sides of the issue. The recent debate in the Texas Legislature over the state's new abortion law generated passionate support on both sides of the issue. Photo: Erich Schlegel, Stringer Photo: Erich Schlegel, Stringer Image 1 of / 1 Caption Close Davis: Government has no place in abortion debate 1 / 1 Back to Gallery

As a proud Republican, I believe the strength of our nation lies with the individual and that each person's dignity, freedom, ability and responsibility must be honored.

Personal freedom and limited government are the foundation of my political philosophy. I believe the proper role of government is to provide only those critical functions that cannot be performed by individuals or private organizations and that the best government is that which governs least.

The issue of abortion will never be settled in the halls of Congress or the state Legislature. It can be decided only among the hearts of men and women, and I believe that as a political party, Republicans should not try to dictate to millions of women a decision that is so personal in nature.

There is almost no issue that divides the country more than the subject of abortion. Unfortunately, it becomes the litmus test on whether one is a "real" Republican. The recent omnibus abortion bill passed by the Texas Legislature was proclaimed a women's health initiative, but I fear it will likely be held unconstitutional and could harm thousands of women seeking health care, while alienating millions of Texas women voters.

Republicans should be able to disagree about abortion, but we also should be consistent on our position that the government should not be practicing medicine.

While the intentions of the author of the bill and its supporters are noble - to protect the unborn - the unfortunate reality is that the legislation does so in a manner that is most likely unconstitutional and interferes with the practice of medicine and the relationship a patient has with her physician.

The omnibus abortion bill has serious problems. Part of the omnibus bill bans all abortions after 20 weeks gestation. Let me be clear: A five-month ban, with exceptions of life and health of the mother, severe fetal abnormality, and in cases of rape and/or incest, is very reasonable. However, many House Republicans rejected my effort to add these important exceptions when I offered them as an amendment. Without such exceptions, the ban is likely to be unconstitutional, and it has been deemed such by other courts.

Another component of the bill requires all abortions be performed in ambulatory surgical centers. This appears reasonable, except that the result would be the closure of all but six facilities. It already is state law that abortions performed at 16 weeks or later must be performed in ambulatory surgical centers.

A significant number of abortions are induced with oral medication only. Why make a women enter a surgical suite to receive pills? It is an incredible misuse of medical resources that drives up the cost of care and leads to delays, which drive up the risks associated with the procedure.

Many Republicans, including me, have consistently opposed Obamacare because of its intrusion into the doctor-patient relationship. Yet, the omnibus abortion legislation is precisely the same thing: the government sticking its reach into the doctor's office.

Further, the bill requires doctors who provide abortions to have admitting privileges at a nearby hospital. On its face, this requirement also sounds reasonable except that in the exceedingly rare event that a complication after an abortion requires hospital-based care, a woman would be provided emergency care at any hospital she chooses and admission privileges at that hospital have no impact on a woman's ability to receive high-quality, timely care. We also cannot ignore the testimony from The Texas Hospital Association that its members would not grant such admitting privileges. Ultimately, this requirement, too, will serve to make the omnibus bill likely unconstitutional, as no physician will be able to obtain the required and unnecessary admitting privileges.

Although I have the deepest respect for those who are so passionate on both sides of the abortion issue, I believe, at its core, the Republican Party stands for personal freedom, which is lost when government controls our lives.

I cannot support government dictating to us where and how we obtain health care, or how much of our income the government thinks is fair to confiscate and redistribute to others. And I cannot support government dictating how responsible women deal with the very personal issue of forced, unhealthy or unwanted pregnancies prior to viability.

Davis, a Republican, represents the Houston-area District 134 in the state House of Representatives.