Minnesota
Pro-Lifers Aim To Topple Abortion
By Michael L. Betsch
CNSNews.com Editorial Assistant
February 11, 2002
(CNSNews.com)
- Pro-life legislation with the capacity to change the Minnesota Constitution
and nullify a state Supreme Court ruling that forced the legislature
to pay for abortions could go before voters in the November election.
A simple
majority vote in the legislature is needed to place on the November
ballot a referendum that would effectively eliminate existing pro-abortion
provisions in the state constitution.
Minnesota's
current abortion battle dates back to 1995 when the state Supreme Court
ruled that the state constitution must protect a woman's right to choose
abortion. But pro-life legislators and organizations contend that the
decision went one step too far.
The state's
justices ruled that the Minnesota Department of Revenue must allocate
funds and issue checks to pay for abortions for low-income women, with
no input or approval needed from the state legislature.
State Rep.
Eric Lipman (R-Lake Elmo) said the state Supreme Court's decision also
forces taxpayers to pay for abortions for low-income women regardless
of how taxpayers may feel about the issue.
What's worse,
he said, is that the state legislature was stripped of its power to
make any budget decisions regarding abortion funding.
"The
(Minnesota) Supreme Court crossed the constitutional divide and are
now acting as super-appropriators on the state welfare budget,"
said Lipman.
In order
to remove the state Supreme Court's requirement that a state agency,
rather than the legislature, pay for abortions, he wrote House File
657.
HF 657 specifically
states, "Nothing in this constitution requires the use of state
funds for abortion services and no state funds shall be used for such
purposes unless specifically authorized by an act of the legislature."
However,
Lipman said the largest pro-life organization in the state does not
support his efforts.
According
to Scott Fischbach, executive director of Minnesota Citizens Concerned
for Life (MCCL), Lipman's bill is "not a priority" for his
pro-life organization in 2002.
Instead,
Fischbach said he supports a different pro-life bill, proposed by Republican
state Rep. Tony Kielkucki.
Kielkucki's
bill, House File 54, states, "Nothing in this constitution may
be construed to relate to abortion in a manner different from the constitution
of the United States."
Simply put,
his proposal would prevent the state of Minnesota and its Supreme Court
from granting any new pro-abortion rights, including taxpayer funding
for them.
Fischbach
explained that MCCL disagrees with Lipman's bill because it only focuses
on one aspect of the 1995 court ruling. He added that the court's decision
was "much broader" than just taxpayer funded abortions, because
it actually established an "absolute right" to an abortion
in the state Constitution.
According
to Fischbach, Lipman's proposal doesn't get enough legislative bang
for the buck. "It's a drawn-out battle that is fought much like
a campaign," he said, noting that it takes millions of dollars
and exhausting amounts of time and energy to even pass a constitutional
amendment.
Overt opposition
to Lipman's bill is coming from the Minnesota National Abortion Rights
and Reproduction League. Mari Bonthuis, a political operative for the
league, argues that HF 657 attacks the "constitutionality"
of paying for a low-income woman's right to an abortion.
Bonthuis
claimed that all who support such legislation "would rather have
the woman die" than provide state-funded abortions. "Even
if the life of the woman were in danger," she added, there would
be "no exceptions."
Specifically
pointing to Kielkucki's proposal, Bonthuis said his legislation would
eliminate any protection that exists in the state constitution for the
"right to choose."
She said
she holds little hope for defeating the pro-life legislation in the
state House, conceding that there's "absolutely no question"
that either of the proposals would pass.
However,
Bonthuis noted that the state Senate is a "different matter,"
with a number of state senators not holding staunch positions on either
side of the abortion issue.
"If
it were to get to the floor and every single senator were to be there
that day, I honestly couldn't tell you," she said of the chances
for any pro-life legislation to win approval.
The Minnesota
state Senate has 67 senators - 31 are pro-abortion, while 33 are pro-life
and 3 are "mixed," according to Bonthuis.
If a majority
in the legislature passes an amendment to the state constitution, it
goes straight to the ballot for voters to decide.
Ventura,
regarded by MNNARAL as an ally, has no formal voice or veto power in
constitutional matters, Bonthuis said.
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