Louisiana Passes Conditional Abortion Ban

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Both chemical and surgical abortions are prohibited by Louisiana’s abortion ban, a law that, for the most part, will not become effective until Roe v. Wade is overturned or congress adopts an amendment to the United States Constitution which, in whole or part, restores to the state of Louisiana the authority to prohibit abortion.

AN ACT

To amend and reenact R.S. 14:87, to enact R.S. 40:1299.30 and to repeal R.S. 40:1299.31 through R.S. 40:1299.35.18, relative to abortion; to prohibit abortion of a human being, except when necessary to save the life of the mother; to provide for criminal consequences for violations; to provide for the act to only become effective upon the occurrence of certain events; to provide for severability; and to provide for related matters.

The law defines an unborn human being properly:
(2) "Unborn human being" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth.
However, the consequence for the perpetrator is a fine and “not less than one nor more than ten years” of imprisonment.

Read the entire law here.

We appreciate the following press release by Operation Rescue:

The Louisiana Senate has passed a conditional ban on abortion that is expected to be signed by Gov. Kathleen Blanco.

The Louisiana abortion ban would punish abortionists with possible 10 year prison sentences and $100,000 fines, but allows exceptions to save the life of the mother or if the mother’s health would be seriously damaged. It can only go into effect if the U.S. Supreme Court overturns Roe v. Wade, or the U.S. Constitution is amended to allow states to decided on the legality of abortion.

While Operation Rescue believes this is a step in the right direction, the pro-life group expressed some disappointment that the bill was conditional, and that a “health” exception was included at the last minute.


“We are happy for any restrictions to the brutal killing of innocent babies by abortion,” said Operation Rescue President Troy Newman. “But we would have liked to have seen a ban that would go into effect without having to wait on the Supreme Court or a Constitutional Amendment. Both of those processes can take decades, and the children that are scheduled to die today, tomorrow, and next week simply do not have that time to wait.”

“The health exception is also a concern to us because we have seen abortionists make careers out of exploiting the health exception clauses in state laws to include any abortion at any stage of pregnancy for any reason,” said Newman.

In spite of its flaws, Newman says that this is another example of the people speaking loud and clear that they do not want abortion in their communities and in their states. And this is a trend that he says is picking up steam across America.

“It is certain that abortion will come to an end in our nation, whether by judicial decree, Constitutional Amendment, or simply by the people running these abortion chop shops out of their towns,” said Newman.

“Americans see through the abortionists’ rhetoric and are beginning to realize that abortion hurts women, kills babies, and destroys families and relationships. This sentiment is starting to be reflected in state laws such as Louisiana’s abortion ban. We are witnessing the beginning of a decisive victory for the pro-life movement.”

Read Text of Louisiana Conditional Abortion Ban

LifeNews has published a full report covering the ban (click here). The report includes comments from Dorinda Bordlee, a long-time pro-life attorney in Louisiana and vice president of the Bioethics Defense Fund:
Dorinda Bordlee, a long-time pro-life attorney in Louisiana and vice president of the Bioethics Defense Fund, told LifeNews.com the exception the committee added doesn't gut the abortion ban.

"The amendment does not weaken the bill," she told LifeNews.com.

"It simply clarifies the life of the mother exception by stating that the mother must be experiencing the failure of an organ or major bodily function," Bordlee explained. "Even in that instance, the bill requires that the physician must use the procedure that gives the child the best chance of live birth."

The bill is on Governor Kathleen Blanco's desk, a Democrat who says she will sign it into law. State Sen. Ben Nevers, a Democrat who sponsored the measure, said he plans to meet with the Governor just to make sure.

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