Proven Strategies for a Pro-Life America A State-by-State Legal Guide to Abortion, Bioethics, and the End

of 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 article 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

Proven Strategies for a Pro-Life America
A State-by-State Legal Guide to Abortion, Bioethics, and the End of Life


AUL Legal Guide 2011

An Educational Publication of Americans United for Life 655 15th Street NW, Suite 410 Washington, DC 20005 (202) 289-1478

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


Section Overview Ten Best & Ten Worst States for Life Defending Life 2011 State Rankings 2011 State Report Cards and Recommendation Checklists: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana

12 15
15 16 17 18 18 22 26 31 35 40 44 48 52 54 59 64 68 72 77 81 85 90 94

Defending Life 2011

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


Americans United for Life


Section Overview The Roadmap to Overturning Roe v. Wade: What can the states do now? Beware of FOCA-by-Stealth: 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 2010 State Legislative Sessions in Review: Abortion & contraception A Winning Strategy: Approaching abortion bans with prudence Talking Points Maps Informed Consent: Protecting a woman’s right to know Talking Points Maps Parental Involvement Laws: Protecting minors and parental rights Talking Points Maps Regulating Abortion Facilities and Providers: Combating the true back alley Talking Points Maps Planned Parenthood: What can be done to stop their radical agenda for America? State Funding Limitations: A proven weapon in reducing abortions Talking Points Maps Deadly Convenience: RU-486, Plan B, and the danger of “contraceptive equity” Talking Points Maps Pregnancy Care Centers: On the frontline in the cause for life Talking Points Maps

247 249 257

263 268 277 284 286 290 298 300 306 310 312 316 326 330 335 341 345 347 353 358 361 366 370 372

Defending Life 2011

9 AUL Model Legislation State Constitutional Amendment Joint Resolution Opposing the Federal “Freedom of Choice Act” Let the People Decide - A Pro-Life Resolution Women’s Health Defense Act (Late-Term Abortion Ban) Partial-Birth Abortion Ban Act Ban on Abortions Performed for Reasons of Sex Selection, Potential Genetic Deformity, or Potential Disability Women’s Right to Know Model Bill (Informed Consent) Women’s Ultrasound Right to Know Act Perinatal Hospice Information Act Coercive Abuse Against Mothers Prevention Act Parental Consent for Abortion Act 374 374 375 378 380 387 393 401 414 420 430 438 445 452 457 470 476 484 490 493 495 499 503 510




Parental Notification of Abortion Act Abortion Patients’ Enhanced Safety Act Women’s Health Protection Act (Abortion Clinic Regulations) Abortion Complication Reporting Act Child Protection Act Abortion-Inducing Drugs Safety Act (RU-486) Federal Abortion-Mandate Opt-Out Act
Abortion Coverage Prohibition Act Abortion Funding Act Employee Coverage Prohibition Act

Title X Consistency and Transparency Act Joint Resolution Honoring Pregnancy Care Centers

Americans United for Life


Section Overview Primer on Legal Recognition & Protection of Unborn & Newly Born Talking Points Maps 2010 State Legislative Sessions in Review: Legal recognition & protection of unborn & newly born AUL Model Legislation Crimes Against the Unborn Child Act (Fetal Homicide) Pregnant Women’s Protection Act Born-Alive Infant Protection Act Unborn Wrongful Death Act

512 513 520 523 533 537 537 540 544 556

Section Overview “The Brave New World” of Bioethics: A survey of federal and state laws Maps 2010 State Legislative Sessions in Review: Bioethics AUL Model Legislation Human Cloning Prohibition Act Destructive Human Embryo Research Act Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act Assissted Reproductive Technologies Disclosure and Risk Reduction Act Egg Provider Protection Act Embryo Adoption Act

554 556 566 576 580 580 584 587 593 603 613

Defending Life 2011


Section Overview Preserving Human Dignity at the End of Life: A survey of federal and state laws Talking Points Maps 2010 State Legislative Sessions in Review: End of Life AUL Model Legislation Assisted Suicide Ban Act Joint Resolution Opposing Physician Assisted Suicide Pain Medicine Education Act

616 618 637 640 642 644 644 649 652 661 661 663 667 669 671 677 684 684 689 699 699 700


Section Overview Health Care Freedom of Conscience: A survey of federal and state laws Talking points Maps A Primer on Protecting Health Care Freedom of Conscience The Tip of the Spear: Defending pharmacists’ freedom of conscience

AUL Model Legislation
Health Care Freedom of Conscience Act Pharmacist Freedom of Conscience Act APPENDIX Ranking Criteria

About Americans United for Life

Americans United for Life


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.

• •

Defending Life 2011

13 • • 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

Americans United for Life

14 • 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

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