Mississippi Senate passes nation's most restrictive abortion ban, clinic plans to sue

After a heated floor debate, the Senate on Tuesday passed a bill 35-14 to ban abortions after 15 weeks of pregnancy, bringing the state one step closer to enacting the most restrictive abortion ban in the country.

In a statement Gov. Phil Bryant reiterated his support for the measure.

"I have repeatedly said, I want Mississippi to be the safest place in America for an unborn child," Bryant said. "House Bill 1510 will help us achieve that goal, and I encourage the House to pass it and look forward to signing it.

Those sentiments were echoed by Lt. Gov. Tate Reeves.

"Mississippians are committed to protecting the lives of unborn children, and this law will be a major step in accomplishing that goal," he said. "I am committed to making Mississippi the safest place in America for an unborn child."

Current state law prohibits the procedure after 20 weeks of a woman's last period. No other state has a 15-week restriction.

Mississippi's only abortion clinic, Jackson Women's Health Organization, performs abortions up to 16 weeks.

Clinic owner Diane Derzis said if the bill is signed — and "(Gov.) Phil Bryant has never seen an abortion bill he didn't like" — her clinic will be forced to turn away women who seek abortions after 15 weeks and refer them out of state.

"I'm not surprised," Derzis said after the Senate vote. "We will be planning to sue."

More: 15-week abortion ban passed in Mississippi House would be nation's first

More: Pro-choice doctor who uses Bible to defend abortion sparks protests at Mississippi State

Sen. Joey Fillingane, R-Sumrall, presented House Bill 1510 on the floor Tuesday, saying the intent of the legislation is a measure to protect the health and well-being of expectant mothers.

Opponents of the measure questioned how a mother's health could be a priority when the proposal does not make exceptions for cases of rape or incest.

"There is no reason to to go back on women's health care in the state of Mississippi," said Sen. Deborah Dawkins, D-Pass Christian. "This time limitation is unnecessary and it is dangerous."

Dawkins was one of several Democratic senators who offered failed amendments to the legislation. Dawkins, who is a vocal supporter for reproductive rights, sought to include a measure that would have the state pay for childcare.

"If the state of Mississippi is to intercede in family matters and family budgets, it is only fair that we provide the affected children and families with early childhood assistance," she said.

Fillingane argued the amendment was not germane to the legislation. Reeves agreed and struck the measure down.

Derzis said the bill is unconstitutional, considering the 1973 landmark U.S. Supreme Court Roe v. Wade decision, which affirmed a woman's right to abortion, and also the 1992 U.S. Supreme Court case Planned Parenthood of Southeastern Pennsylvania v. Casey, which found states could not place an "undue burden" on women seeking abortions.

That is, a 15-week ban is unconstitutional right now, Derzis said.

"These groups are tossing anything and everything out there, anything that could start winding its way through the legal system because we're in a very fragile place right now," she said. "Roe is clearly in danger and that's what they're preparing for … They hope by the time they get to the Supreme Court they will have changed the Supreme Court."

Earlier in the legislative session, Rep. Chris Brown, R-Nettleton, authored two bills prohibiting abortions if a fetal heartbeat is detected but told the Clarion Ledger the legislation will die in committee, as "it hasn't been proven constitutional yet."

Derzis said while women with means can travel out of state for an abortion where the laws are less restrictive, those aren't the people this bill affects.

"It's poor women forced into having a child they neither want nor can afford — and neither does the state of Mississippi," she said.

Derzis cited Mississippi's high infant mortality rate, the highest in the country, its low Special Supplemental Nutrition Program for Women, Infants, and Children benefits, and its abstinence-centered sex education.

During the floor debate, Sen. Robert Jackson, D-Marks, questioned Fillingane whether Tuesday's proposal ignored the will of the people.

Six years ago, Mississippi voters rejected an initiative that would have defined life as beginning at fertilization, essentially outlawing abortion.

"There are some issues that I think are most important, and I believe this is one of these issues that obviously there are people that disagree with my position, and I certainly respect their opinion but in this instance, I would still do what I believed was right whether I thought a majority of my district agreed or not," Fillingane replied.

Senators agreed to remove criminal penalties from the House legislation that would punish physicians performing the procedure after the 15-week ban but rejected an amendment by a 16-33 vote that would have made exceptions for victims of rape or incest.

The legislation was held on a procedural motion but is expected to be returned to the House. If representatives agree with the Senate's changes, the legislation will head to the governor.