Bill would require clinics to post signs telling women they can't be forced into having an abortion

02/28/2014

LINCOLN — Nearly 45 years ago, Jeannie Pittam's father exploded in rage when he learned she was pregnant.

He vowed he would never allow her “bastard child” to live in his home.

Pittam, then 19, dependent on her parents and not seeing any alternatives, did what he wanted. She got an abortion.

It's a decision that haunts her still, she told the Legislature's Judiciary Committee on Thursday.

That's why Pittam spoke in support of a bill requiring that abortion clinics post signs alerting women they cannot be forced into having an abortion.

Such signs could help women say no to abortions they don't want, she said, adding that, as the leader of post-abortion groups she has heard many stories of women being forced into abortions.

“Coercion is a fact,” she said.

Legislative Bill 1032 would require that the signs be placed in each patient waiting room and each consultation room.

Failure to post the required signs could result in a fine of $10,000 for each day of violations.

State Sen. Bill Kintner of Papillion, who introduced the bill, said there are cases across the country of women being coerced into abortions by husbands, boyfriends, parents and others.

The coercion can take different forms, among them the threat of violence, loss of financial support or being kicked out of the house.

“It's sad that there are women experiencing this form of abuse,” Kintner said.

But Shauna Benjamin, speaking for Planned Parenthood of the Heartland and Planned Parenthood Voters of Nebraska, said the bill represented unnecessary legislation intended to harass abortion providers.

Current state law requires that women be told, as part of informed consent, that they cannot be forced into an abortion.

Planned Parenthood also counsels women before they go through with an abortion for any sign that they are being coerced, she said.

If lawmakers advance LB 1032, Benjamin suggested adding a requirement that signs be posted at pregnancy counseling centers notifying women that they cannot be coerced into continuing a pregnancy.

Both types of signs would violate the First Amendment rights of free speech, said Alan Peterson, speaking for ACLU Nebraska.

He said courts have ruled that businesses cannot be turned into signboards for government messages.

However, he acknowledged there are exceptions, such as the required health warnings on cigarettes and the signs posted in bars about the dangers of drinking when pregnant.

Kintner said the signs proposed in LB 1032 would reinforce a woman's right to make an informed decision on abortion rather than infringe on free speech rights.

He said he brought the bill at the request of Nebraska Right to Life.

That group's executive director, Julie Schmit-Albin, said similar laws have been passed in four other states — Oklahoma, Tennessee, Louisiana and North Dakota.

Although women are supposed to be told about their rights as part of informed consent, she questioned whether women are getting the information.

She said sitting in a waiting room, looking at a sign, is different from being told something as one part of the consent procedure.

“It's just one last effort for her to understand her rights,” Schmit-Albin said.

Kintner has named LB 1032 as his priority for the legislative session.

Sen. Brad Ashford of Omaha, the Judiciary Committee chairman, said it is unlikely the committee will advance the bill to the full Legislature.

He said he would not support the measure because of the existing informed consent law, which was passed after careful effort to ensure it would pass constitutional muster.

“This (LB 1032) is not necessary and it is constitutionally suspect,” Ashford said.

The committee took no action on two other abortion-related measures heard Thursday. Both were introduced by Sen. Danielle Conrad of Lincoln, a supporter of abortion rights.

The first, LB 1108, would make it easier for minor girls to get court approval to bypass Nebraska's parental consent law, passed two years ago. The law requires minors to get notarized consent from at least one parent before getting an abortion.

The other, LB 1109, would repeal the parental consent law and go back to the previous law that required a minor's parent be notified before she could get an abortion.

Neither bill is likely to advance.

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