Okla., Minn. Consider 'Fetal Pain' Legislation; Miss. House Passes Sex Education Legislation

March 10, 2011 — The Oklahoma House on Wednesday voted 94-2 to approve a bill (HB 1888) that would ban abortion after 20 weeks gestation, the Oklahoman reports. Proponents of the legislation say fetuses can feel pain at that point. The bill would make exceptions for women who face "serious risk of substantial and irreversible physical impairment" or death. The measure passed with no questions or debate, and the bill now moves to the Senate, where is it expected to be approved (McNutt, Oklahoman, 3/10).

In other Oklahoma news, the Senate on Tuesday passed a bill (SB 547) that would ban private health plans selling coverage in the health insurance exchanges created under the federal health reform law from covering abortion except to save the life of the woman, the AP/Washington Examiner reports. The bill would require that women obtain a separate supplemental health plan for abortion coverage. Current state law already bans abortion coverage in private plans and requires women to obtain separate policies for abortion care (AP/Washington Examiner, 3/8).

Minnesota Republicans Propose Ban on Abortion After 20 Weeks

Minnesota Republicans this week introduced legislation (HF 936, SF 711) in the state House and Senate that would ban abortion after 20 weeks gestation, the St. Paul Pioneer Press reports (Orrick, Pioneer Press, 3/8). The legislation is based on the theory that a fetus at that stage can feel pain, although critics of the bill say scientific evidence shows that a fetus likely does not feel pain until after the 27th week (Sheppard, Mother Jones, 3/9). The legislation would allow a pregnant woman, her partner or a relative to sue a physician who "performed or induced" an abortion after 20 weeks. The legislation would make exceptions for abortion in cases where the pregnant woman's life is in danger, but not in cases of rape or incest. Current Minnesota law bans abortion after a fetus is considered viable.

Gov. Mark Dayton (DFL) has indicated that he believes the fetal pain measure is unconstitutional. On Tuesday, he said, "I've made my position clear. I think Roe v. Wade has established that it's a constitutional right, and I think the state legislators have a responsibility to uphold the United States Constitution, and that's the only policy I'll take" (St. Paul Pioneer Press, 3/8).

Mississippi House Approves Sex Ed Bill

The Mississippi House on Monday voted to accept the Senate's changes to legislation (HB 999) that would require school districts to choose whether to provide abstinence-only or "abstinence plus" education, which includes health information about contraceptives, the AP/South Mississippi Sun Herald reports. The bill mandates that students are separated by gender in sex education classes and prohibits any demonstrations about condom use. The changes made to the bill by the Senate include requiring schools that choose "abstinence plus" education to discuss information about the risks and failure rates of contraception. Current state law does not require school districts to teach sex education. Schools can teach abstinence-only education, but need permission from the local school board to teach about birth control (AP/South Mississippi Sun Herald, 3/8).