Louisiana legislator seeks ‘abortion coercion’ changes, Nebraska lawmaker focuses on fetal remains

State Rep. Josh Carlson speaks with another lawmaker in Louisiana.
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State Rep. Josh Carlson, right, filed legislation that would greatly expand the definition of coerced abortion in Louisiana law, to include instances of “restraint of speech,” and denial of resources such as food or shelter. (Photo by Allison Allsop/Louisiana Illuminator)

Abortion-related bills continue to be introduced and debated in statehouses across the country, especially in states where the procedure is already banned.

Many bills aimed at further restricting abortion access have so far not been as successful as in prior years, including new attempts to restrict travel to states where abortion is legal for a procedure and efforts to restrict abortion medication.

Meanwhile, states where abortion is broadly legal continue to try to expand and further protect access.

It can be hard to monitor it all, so States Newsroom’s Reproductive Rights Today team tracks certain bills or maneuvers that could alter the reproductive legal landscape in a legislative roundup. Depending on the partisan makeup of a legislature and other state government officials, some bills have a higher chance of passing and becoming law than others.

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Louisiana

Louisiana has a near-total abortion ban with exceptions only to save the pregnant person’s life or prevent serious injuries.

House Bill 425: Republican Rep. Josh Carlson introduced a bill in early April to greatly expand the state’s definition of “coerced abortion,” after a recent case of a Louisiana mother who prosecutors said coerced her daughter into getting an abortion by threatening to kick her out of the house if she didn’t, Louisiana Illuminator reported. The current definition of coercion covers the “use or threatened use of force, control or intimidation” to obtain an abortion, and the new bill outlines 18 examples of what counts as force, control or intimidation. Some of those include vague wording such as “restraint of speech” and “exploitation of needs for food, shelter, safety, affection, or intimate or marital relationships.” Those found guilty of violating the law would owe a $5,000 fine or imprisonment for up to five years.

The bill is awaiting a hearing in the House’s criminal justice committee.

Nebraska

Abortion is legal in Nebraska during the first trimester, up until 12 weeks gestation. After that point, there are exceptions only to save the pregnant person’s life or in cases of rape or incest.

Legislative Bill 632: Republican Sen. Ben Hansen introduced this bill in January with the stated intent to create more “dignity” for an aborted fetus, Nebraska Examiner reported. It is similar to a 2003 Nebraska law requiring written policies for the proper disposal of remains when a baby is born dead. The bill’s statement of intent says health care facilities would be required to dispose of aborted fetuses by “cremation, interment by burial, or as directed by the Board of Health.” The facility would not need to notify the pregnant person about the method by which the remains were disposed, according to the bill text.

A fellow senator, Ashlei Spivey, called the bill a backdoor attempt to ban abortions, which Hansen denied. She also said it could have unintended negative effects on access to in vitro fertilization procedures, and care for miscarriages and ectopic pregnancies.

Republican Sen. Merv Riepe said he might file an amendment allowing the pregnant person to have the choice of how to dispose of the remains, but that amendment had not been filed as of Friday. That amendment may determine if the bill moves past the second debate of three total debates before it can become law.

North Dakota

Abortion is legal in North Dakota up to 24 weeks of pregnancy after a court declared its ban unconstitutional in September. But there are no clinics providing those services statewide.

House Bill 1015: Lawmakers want to add $1 million to a budget bill to establish a “life education committee” that would spread awareness of abortion alternatives, according to North Dakota Monitor. Republican Sen. Janne Myrdal said North Dakotans don’t have enough information about “pro-life centers” and adoption services for those in crisis. A state law called the Abortion Control Act already requires health care providers to distribute information to patients about alternatives before an abortion. Lawmakers already approved a $50,000 appropriation for the production of a video that would educate abortion providers about the state laws.

The campaign would be supervised by the committee, according to the Monitor, but the education services would be carried out by a third-party contractor hired by the Office of Management and Budget. The Senate committee gave the bill with the $1 million addition a “do pass” recommendation, and it will be heard next by the Senate Appropriations Committee.

West Virginia

West Virginia has a near-total abortion ban, with narrow exceptions for rape and incest and to save a pregnant person’s life.

House Bill 2129: A “Parents’ Bill of Rights” is now law in West Virginia, expressing a fundamental right of parents to direct the upbringing, education, care and medical care of their minor children — but that right does not extend to abortion.

West Virginia Watch reported the law says a parent has the right to educate their child as they see fit, and to make health care decisions for their child, with the exception of abortion and gender-affirming care. Democratic Del. Evan Hansen said that was discriminatory on the basis of religious beliefs.

“If we’re going to pass a bill that preserves parental rights, for parents to decide about medical care for their minor children, we shouldn’t pick and choose,” Hansen said.

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