Bill to ban Planned Parenthood in schools passes education committee 3-2

A bill that would restrict abortion service providers, like Planned Parenthood, from teaching in public schools has jumped its first hurdle. The Senate Education Committee voted 3-2, passing an amended version of Senate Bill 191 Tuesday afternoon.

Sen. Mike Dunleavy, R-Wasilla, the bill’s sponsor, said the amendment addresses legal issues brought up during public testimony last week and invited testimony Tuesday.

Originally, the bill said “an employee or representative of an abortion services provider or of an affiliate of an abortion services provider may not present or deliver any instruction or program on any topic to students at a public school.” That person also could not distribute or display materials. If violated, the person could be fined at least $5,000.

ACLU of Alaska Executive Director Joshua Decker addressed problems with the bill. He was one of four people invited to testify Tuesday.

“The bill doesn’t discriminate based on content. This bill applies to every topic — from sexual health to President Lincoln to geometry to calculus. This bill unconstitutionally discriminates against people based on who they are, what they say, with whom they associate and how they spend their time in their private lives outside the schoolhouse gates,” Decker said.

Attorney Mario Bird agreed and said the current bill could pose legal challenges. Bird is with Anchorage law firm Ross, Miner & Bird. He’s also a board member of Alaska Right to Life.

Bird said similar legislation passed in Missouri in 2007 and Louisiana in 2014 had key phrases that “would be not only desirable, but has the virtue of not being challenged legally in either Louisiana or Missouri to my knowledge.”

He suggested inserting narrowing language into the bill, which is what Dunleavy’s amendment does.

Instead of any employee or representative of an abortion services provider being restricted from delivering material or instruction, the amendment stipulates that the employee or representative must be “acting on behalf” of an abortion services provider or affiliate in order to violate the law or be fined.

Also, instead of an employee or representative of an abortion services provider being restricted from presenting on any topic, the amendment narrows the prohibited topics to “any health topic, including human sexuality or family planning, to students at a public school during the hours the school is in session.”

Dunleavy’s explanation of the amendment states, “With the proposed amendment, the language would be in line with law in both Louisiana and Missouri.”

Sen. Gary Stevens, R-Kodiak, was one of two no votes on the amended bill. As a former school board member, he said he had concerns with the bill.

“It seems to me there are a lot of protections in our current system. If a parent does not want their child to receive sex education classes, they can opt out. I think this is state overreach into school boards and into parents. I don’t think it’s a good bill,” Stevens said.

The other no vote came from Sen. Berta Gardner, D-Anchorage.

“I don’t see what problem the bill is solving. If you don’t want any talk of abortion in schools, just say so and be done with it,” Gardner said.

“If the issue we’re trying to address directly is abortion, one very good, very effective way to reduce abortion is to reduce the number of unplanned pregnancies, and information on about how things work is of great value in that,” she added.

Senators Cathy Giessel, R-Anchorage, Dunleavy and Charlie Huggins, R-Wasilla, voted yes on the bill.

Dunleavy made clear SB 191 “does not prevent any teacher, any school district from providing sex ed.”

Dunleavy’s bill is now headed to Senate Judiciary Committee, which is chaired by Sen. Lesil McGuire, R-Anchorage.

Planned Parenthood provides instruction in 25 to 30 Alaska schools, according to Lacy Moran, Anchorage-based Alaska education manager for Planned Parenthood of the Great Northwest and Hawaiian Islands.

• Contact reporter Lisa Phu at 523-2246 or lisa.phu@juneauempire.com.

Bill to ban Planned Parenthood in schools passes education committee 3-2

NY Senate Passes Women's Equality Bills, Excludes Abortion-Rights Measure

January 13, 2015 — The GOP-controlled New York Senate on Monday unanimously approved eight out of nine remaining bills in the package known as the Women’s Equality Act but did not take up an abortion-rights measure, setting up another potential stalemate with the state Assembly, the AP/Auburn Citizen reports (AP/Auburn Citizen, 1/12).

Background

The 10-point measure, which failed to pass in its entirety in previous sessions, includes bills covering issues such as human trafficking, sexual harassment, pay equity, protective orders for women and abortion access (Women’s Health Policy Report, 1/7). A version of one of the 10 bills addressing penalties for domestic violence has already become law (Campbell, Binghamton Press & Sun-Bulletin, 1/12).

The state Senate last session passed some bills from the package, including measures that would have addressed employment and housing discrimination, equal pay and sexual harassment, but many state senators objected to the abortion-rights measure. Meanwhile, state Assembly Democrats wanted the package to be considered in its entirety and not as separate bills (Women’s Health Policy Report, 1/7).

Supporters have said the abortion-rights measure in the package would bring state law in line with the Supreme Court’s 1973 Roe v. Wade decision (Women’s Health Policy Report, 6/12/14). However, opponents of abortion rights, including some conservative members of the New York state Senate, have referred to the measure as an “abortion expansion,” the Albany Times Union reports.

Reaction, Next Steps

In a statement before the votes in his chamber, state Senate Majority Leader Dean Skelos (R) called on the state Assembly to follow suit and pass the eight bills. He said, “It is a new year and time to put progress over politics by passing effective measures that provide women with the protections they need and the opportunities they deserve. The Senate is making the passing of these bills an immediate priority because women need the politics to end so that New York can enact a Women’s Equality Agenda without further delay.”

State Senate Democratic Conference Leader Andrea Stewart-Cousins said that the votes were an example of Senate GOP lawmakers not being willing to support abortion rights. She said, “What they’re saying yet again is here we are in 2015, and there’s no Republican willing to even pass for New York state what is federal law” (Hamilton, Albany Times Union, 1/12).

Meanwhile, state Assembly Speaker Sheldon Silver (D) indicated that his chamber could again decide to only take up the Women’s Equality Act as a whole (AP/Auburn Citizen, 1/12). He said, “I think what’s important here is our conference will take up the issues, and what’s really important is to pass all 10 points. A woman’s right to choose is a fundamental right, and the Senate so far has not shown any (inclination) toward that.”

According to the Albany Times Union, Gov. Andrew Cuomo (D) is expected to restate his support for the passage of the full Women’s Equality Act when he delivers the State of the State address next week (Albany Times Union, 1/12).

NY Senate Passes Women"s Equality Bills, Excludes Abortion-Rights Measure