DEFENDING LIFE 2011

Proven Strategies for a Pro-Life America

A State-by-State Legal Guide to

Abortion, Bioethics, and the End of Life
 AMERICANS UNITED FOR LIFE
President & CEO: Charmaine Yoest, Ph.D.

Copyright 2011 by Americans United for Life. All rights reserved under International and
Pan-American Copyright Conventions. No part of Defending Life 2011 may be reproduced
or transmitted in any form, electronic or mechanical, including photocopy, recording, or any
information storage and retrieval system now known or to be invented, without permission in
writing from the publisher, except by a reviewer who wishes to quote brief passages in an ar-
ticle or a review written for inclusion in a magazine, newspaper, or broadcast. For information,
please contact:
Americans United for Life
655 15th Street NW, Suite 410, Washington, DC 20005; 202-289-1478
“This year’s AUL legal guide, Defending Life , provides a valuable resource for pro-life
leaders.  This state-by-state scorecard of progress in the effort to defend life lets elected
officials, grassroots activists, and citizens know exactly where we are on our shared priority.  I
am proud that the report reflects the sweeping reforms we have enacted in Texas, saving
thousands of lives in the process.  This is not a book you leave on the shelf to collect dust.
This information is ammunition in a fight that is far from over. I know you will find this guide
informative and useful as you continue to promote and protect life in your state.”
Rick Perry, Governor, Texas
 
“Defending Life is a valuable resource for anyone dedicated to protecting human life through
our legal system.  I encourage you to use this resource in your efforts to build a pro-life
community across the nation.”
Cathy McMorris Rodgers, Member of Congress, Washington
 
“I really value the rock-solid legal advice in each year’s edition of Defending Life.  From the
beginning of life to the end of life, AUL’s legal guide has more concrete usable information on
pro-life law than any other resource.  It is a must-have tool for every state legislator.”
Lance Kinzer, State Representative, Kansas
 
“AUL’s Defending Life is the best legal resource for state legislators in the country.  If you are
looking to pass meaningful laws that protect human life from beginning to end, this is the book
you need.”
Todd Lamb, State Senator, Oklahoma
 
“Defending Life provides a comprehensive resource for state legislators.  Not only is
the analysis of the legislative and judicial work methodical, but it is also educational in
communicating the rights of the unborn.”
Linda L. Upmeyer, State Representative, Iowa

“For the past several years, AUL’s annual Defending Life books have been the go-to source
for up to the moment, accurate information of the pro-life pulse in the United States.  AUL
has earned the reputation as a trusted partner for pro-life legislators across America. May God
continue to bless your excellent efforts in leading the pro-life movement.”
Delbert Scott, State Senator, Missouri
 
DEFENDING LIFE 2011
Proven Strategies for a Pro-Life America
A State-by-State Legal Guide to
Abortion, Bioethics, and the End of Life

AUL An Educational Publication of

Americans United for Life
Legal 655 15th Street NW, Suite 410

Guide
Washington, DC 20005
(202) 289-1478

2011 www.AUL.org
 Editor-in-Chief:
Denise M. Burke, Esq., Vice President of Legal Affairs

Associate Editors:
Mailee R. Smith, Esq., Staff Counsel
Daniel S. McConchie, Vice President of Government Affairs
Patricia Driscoll, Development Officer
William L. Saunders, Senior Vice President of Legal Affairs

Contributors:
Clarke D. Forsythe, Esq., Senior Counsel
Jessica J. Sage, Esq., Staff Counsel

Elizabeth Rose, AUL 2006 Fellow

Charmaine Yoest, Ph.D., President & CEO

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TABLE OF CONTENTS
INTRODUCTION 12

STATE REPORT CARDS 15

Section Overview 15
Ten Best & Ten Worst States for Life 16

Defending Life 2011 State Rankings 17

2011 State Report Cards and Recommendation Checklists: 18
Alabama 18
Alaska 22
Arizona 26
Arkansas 31
California 35
Colorado 40
Connecticut 44
Delaware 48
District of Columbia 52
Florida 54
Georgia 59
Hawaii 64
Idaho 68
Illinois 72
Indiana 77
Iowa 81
Kansas 85
Kentucky 90
Louisiana 94

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Maine 100
Maryland 104
Massachusetts 108
Michigan 112
Minnesota 117
Mississippi 122
Missouri 127
Montana 133
Nebraska 137
Nevada 141
New Hampshire 145
New Jersey 149
New Mexico 153
New York 157
North Carolina 162
NEW North Dakota 166
Ohio 170
Oklahoma 175
Oregon 181
Pennsylvania 185
Rhode Island 190
South Carolina 194
South Dakota 199
Tennessee 204
Texas 209
Utah 214
Vermont 219
Virginia 223
Washington 229
West Virginia 234
Wisconsin 238
Wyoming 243

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ABORTION 247
Section Overview 247
The Roadmap to Overturning Roe v. Wade: What can the states do now? 249
Beware of FOCA-by-Stealth: 257
How a radical abortion-on-demand agenda is being implemented
piecemeal, and how it could impact the states
Abortion: A survey of federal and state law 263
2010 State Legislative Sessions in Review: Abortion & contraception 268
A Winning Strategy: Approaching abortion bans with prudence 277
Talking Points 284
Maps 286
Informed Consent: Protecting a woman’s right to know 290
Talking Points 298
Maps 300
Parental Involvement Laws: Protecting minors and parental rights 306
Talking Points 310
Maps 312
Regulating Abortion Facilities and Providers: Combating the true back alley 316
Talking Points 326
Maps 330
Planned Parenthood: What can be done to stop their radical agenda
for America? 335
State Funding Limitations: A proven weapon in reducing abortions 341
Talking Points 345
Maps 347
Deadly Convenience: RU-486, Plan B, and the danger of “contraceptive equity” 353
Talking Points 358
Maps 361
Pregnancy Care Centers: On the frontline in the cause for life 366
Talking Points 370
Maps 372

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AUL Model Legislation 374

State Constitutional Amendment 374

Joint Resolution Opposing the Federal “Freedom of Choice Act” 375
Let the People Decide - A Pro-Life Resolution 378
NEW Women’s Health Defense Act (Late-Term Abortion Ban) 380
Partial-Birth Abortion Ban Act 387
Ban on Abortions Performed for Reasons of Sex Selection, Potential Genetic
Deformity, or Potential Disability 393
Women’s Right to Know Model Bill (Informed Consent) 401
Women’s Ultrasound Right to Know Act 414
NEW Perinatal Hospice Information Act 420
Coercive Abuse Against Mothers Prevention Act 430
Parental Consent for Abortion Act 438
Parental Notification of Abortion Act 445
Abortion Patients’ Enhanced Safety Act 452
Women’s Health Protection Act (Abortion Clinic Regulations) 457
Abortion Complication Reporting Act 470
Child Protection Act 476
Abortion-Inducing Drugs Safety Act (RU-486) 484
NEW Federal Abortion-Mandate Opt-Out Act 490
NEW Abortion Coverage Prohibition Act 493
NEW Abortion Funding Act 495
NEW Employee Coverage Prohibition Act 499
Title X Consistency and Transparency Act 503
Joint Resolution Honoring Pregnancy Care Centers 510

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LEGAL RECOGNITION OF UNBORN & NEWLY BORN 512

Section Overview 512
Primer on Legal Recognition & Protection of Unborn & Newly Born 513
Talking Points 520
Maps 523
2010 State Legislative Sessions in Review: Legal recognition & protection of
unborn & newly born 533
AUL Model Legislation 537

Crimes Against the Unborn Child Act (Fetal Homicide) 537

Pregnant Women’s Protection Act 540
Born-Alive Infant Protection Act 544
Unborn Wrongful Death Act 556

BIOETHICS & BIOTECHNOLOGY 554

Section Overview 554
“The Brave New World” of Bioethics: A survey of federal and state laws 556
Maps 566
2010 State Legislative Sessions in Review: Bioethics 576

AUL Model Legislation 580

Human Cloning Prohibition Act 580

Destructive Human Embryo Research Act 584
Prohibition on Public Funding of Human Cloning and Destructive Embryo 587
Research Act
Assissted Reproductive Technologies Disclosure and Risk Reduction Act 593
Egg Provider Protection Act 603
Embryo Adoption Act 613

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END-OF-LIFE ISSUES 616

Section Overview 616
Preserving Human Dignity at the End of Life: A survey of federal and state laws 618
Talking Points 637
Maps 640
2010 State Legislative Sessions in Review: End of Life 642

AUL Model Legislation 644

Assisted Suicide Ban Act 644

NEW Joint Resolution Opposing Physician Assisted Suicide 649
Pain Medicine Education Act 652

HEALTH CARE FREEDOM OF CONSCIENCE 661

Section Overview 661

Health Care Freedom of Conscience: A survey of federal and state laws 663
Talking points 667
Maps 669
A Primer on Protecting Health Care Freedom of Conscience 671
The Tip of the Spear: Defending pharmacists’ freedom of conscience 677

AUL Model Legislation 684

Health Care Freedom of Conscience Act 684

Pharmacist Freedom of Conscience Act 689

APPENDIX 699
Ranking Criteria 699
About Americans United for Life 700

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INTRODUCTION
Dear Friends of Life:

Welcome to Defending Life 2011! AUL is enormously encouraged by the progress we have
made in recent years toward restoring a culture of life, and we are confident that 2011 will be a
water-shed year in the defense of life!

In 2010, a majority of the 50 states continued to pursue life-affirming laws and policies as
evidenced by a number of promising and continuing trends:

• Fifty-two pro-life measures were enacted in 2010. Twenty-nine of these

measures placed further limits around the abortion license.

• Forty-five states considered more than 300 measures related to abortion;

the overwhelming majority of these measures were life-affirming. This is even
more notable considering that five states did not hold regular sessions in 2010,
including legislatively-active and pro-life Arkansas, North Dakota, and Texas.

• Nearly a quarter of the states considered constitutional amendments or other

measures to ban or significantly limit the availability of abortion.

• In the wake of the passage of federal health care reform, measures to prohibit
insurance plans that offer abortion coverage from participating in state health
insurance exchanges (required in 2014 under the new health care law) and to
prohibit or limit state funding of abortion were a top priority of state legislators.

• Informed consent and informed consent enhancements, including ultrasound

requirements and prohibitions on coercion, continued to receive significant
attention from state legislators.

• Despite increasing attacks against pregnancy care centers by NARAL and

other abortion advocates, three states – Louisiana, Oklahoma, and Virginia –
adopted resolutions commending the important and life-saving work of these
centers.

• Nearly 40% of state measures related to biotechnologies concerned limits and

regulations on assisted reproductive technologies (ART), including in-vitro
fertilization.

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• More than 80% of measures related to health care rights of conscience sought
to protect rather than compel conscience.

• State measures related to end-of-life pain management and palliative care

doubled from 2009 activity levels, while the number of states considering
measures to legalize physician-assisted suicide decreased.

These life-affirming trends bode well for our efforts both in the 112th Congress and the 2011 state
legislative sessions.

Many of the necessary building blocks for a culture that respects and protects life and for laws
that reflect that desired cultural imperative are contained in Defending Life 2011. By design, we
have emphasized the importance of life-affirming legislation and seek to educate legislators, the
media, and the American public on the full spectrum of life issues and the many opportunities
and challenges we face.

We hope that the information, analysis, and recommendations in Defending Life 2011 will
encourage everyone to stay active and informed not just at the federal level, but also at the
state and local levels. As this one-of-a-kind legal guide shows, it is in the states where we are
making the most significant progress—state by state, law by law, and person by person – to
protect women and the unborn from the threats of abortion, to curb and eliminate unethical and
life-debasing uses of technology, to combat efforts to encourage and legalize euthanasia and
physician-assisted suicide, and to protect the freedom of conscience of our health care providers.

To guide these critical efforts, Defending Life 2011 has several key components:

• Specific information on each of the 50 states, including an

overall ranking of the states and a thorough analysis of each state’s
successes, opportunities, and challenges. We have also made strategic
recommendations for each state. These recommendations are based, in
substantial part, on AUL’s innovative and comprehensive Reversing Roe
plan, a plan with two key objectives: (1) to develop legislation that can
form the basis for a legal challenge to Roe v. Wade and (2) to prepare the
states for the “day after Roe” when abortion law and policy will again
be the purview of each individual state.

• In-depth discussions of key legislative and policy issues related to

abortion, protection of the unborn, bioethics, the end of life, and
health care

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• Review and analysis of the 2010 state legislative sessions and overviews
of the important gains and key defeats in the ongoing fight to preserve and
defend the sanctity of all human life.

• Thirty-eight pieces of model legislation developed by AUL experts to assist

legislators and policymakers in drafting, debating, and passing life-affirming
laws.

Thank you for your commitment to the cause for life and your support of AUL’s efforts in
Congress and the 50 states to protect and defend the sanctity of all human life. Together, we are
winning the fight to revitalize a culture of life in America, one in which every person is welcomed
in life and protected in law!

Americans United for Life