The battle for life in ten states this election cycle

Pundits have framed this election as the “end of democracy” or the last chance to “save our republic.” It may be known to historians as the abortion election.

Both parties quickly carved out an abortion archipelago in the sea of competing policy proposals. Democrats winked at the Planned Parenthood mobile abortion and vasectomy unit parked just outside the DNC venue. The Republican Vice-Presidential nominee, J.D. Vance, explained to NBC’s Meet the Press that, when elected, President Trump would veto a national abortion ban in hopes he will “end this culture war over this particular topic.”

Harris seeks an absolute “right” to abortion, any time, any reason, while Trump assures women he supports “reproductive rights,” too, just not as extreme- no eighth- and nine-month abortions. (Democrats consistently refuse to pass laws with limits on abortion, including denial of protection for babies who survive an abortion attempt.)

The abortion issue at state level

Warring factions hurling invectives at the national level obscure the ground level wrestling match in ten states where voters face abortion amendments to their state constitution. The Supreme Court’s 2022 Dobbs decision found no national right to abortion in the US Constitution. The Court, following the States Rights provision of the Tenth Amendment of the US Constitution, retuned the matter to each state to decide the parameters of abortion law for their citizens.

The states grappling with an abortion amendment are Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota. Maryland already permits abortion with meaningless restrictions. The amendment to that state’s constitution prohibits any later law enacted by a future legislature. New York allows abortion until 24 weeks, with third trimester abortions for physical or emotional health of the mother. The amendment to New York’s constitution ensures that “discrimination” based on “heath care autonomy” is forbidden. “Embedding these protections within our state constitution insulates us from the political winds that seek to ban, eliminate or reduce access to abortion care through changes to the state law,” according to activists.

The Women’s Health Protection Act (WHPA) is the basic model for all the amendments that will confront voters in November. WHPA, based on Senate bill 1645 sponsored by then Senator Kamala Harris, prohibits states from enacting laws that regulate abortion. These amendments are so extreme that the social fabric, culture and finances of states are at risk. Catholic Bishop Conferences in those states have alerted Catholic citizens to their obligation to vote NO on the amendments and to politically engage and educate fellow citizens in the public square.

“The bishop can’t tell me how to vote, the Church doesn’t belong in politics.”

Predictably, some bishops and pastors received stinging criticism from the usual quarters, as well as from Catholics with abortion sympathies. Uninformed Catholics may also wonder if the “bishop should be kept out of the ballot box.” Additionally, some Catholics feel it best to withdraw from the political fray altogether. As the day of decision arrives, pastors might regret that parishes have not engaged their own flocks with better catechesis on the duties that all Catholics must participate in building up a culture of life.

Catholics too often forget that communal life and morals precede political life. The reason that churches and religious institutions do not risk tax exempt status for speaking out against abortion amendments is that abortion is a moral issue, thus, the bishops are not “taking sides” with a particular candidate or party. Unlike voting for a candidate whose policies are a mixed bag (some fit Catholic social teaching, some do not), abortion is always mortal. Abortion has no positive or redeeming aspects. It’s a freestanding evil.

Colorado Archbishop Samuel Aquila offers a concise lesson on the website of the Colorado Catholic Conference: “As faithful Catholics it is our calling to form the moral character of our community, our state and our country.” Bishop Stephen Berg adds the imperative to “…educate, advocate and engage our community in the political process.” Bishop James Golka clears up any hesitancy about Catholic engagement, “participation in political life is a moral obligation….”

Of the states with amendments on the ballot for November, Colorado has already passed an expansive and extreme law: “A Pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right.” The law goes further, “A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.” (Indicative of the radical philosophy behind these amendments, note the use pregnant “individual” or “person” rather than “woman.”)

The Colorado amendment to the state constitution aims to forestall future laws that would overturn access to unlimited abortion. This is the motive behind the amendments in the ten states- to handcuff the elected representatives of the people so that no future legislation can limit or regulate abortion in that state. The danger is public complacency. Most voters do not understand that amendments to the constitution are above the laws of the state. Too many Catholics and Christians assume they can simply pass another law or statute to regulate abortion in these states.

The Nebraska Catholic Conference has engaged the abortion amendment battle at full speed. The Conference states its mission to “advance the Gospel of Life through engaging, educating, and empowering public officials, the Catholic faithful, and the general public.”

An online list of resources for parishes and laity to fight the abortion amendment includes speakers for parishes and ministries to better inform Catholics about the deadly amendment.

Also online, easily available, is an excellent analysis of the Nebraska amendment. With graphics, the analysis explains what the legal provisions mean- unlimited abortion under cover of vague, deceptive language. It points out that “viability” is a term easily manipulated by abortion “health care providers” (not required to be a physician) who could legally decide a healthy third trimester baby wasn’t viable simply because it might need neonatal care. The familiar phrase, you can’t be “a little bit pregnant,” should now include you can’t be a “little bit alive”— you are or are not, and viability has nothing to do with it.

In Florida, a game of inches

Florida is the nations’s third most populous state. It’s also high on a scale of religious affiliation, 21% Catholic, 24% Evangelical Protestant which may increase the chance for Florida to defeat Amendment 4, the state’s abortion amendment. Recent polls see-saw back and forth a few percentage points each week as the battle for life escalates. The edge for Florida is that the amendment must pass with 60% of the vote, rather than the simple majority required in most states.

Similar to Ohio’s abortion amendment battle in 2023, tens of millions of dollars have flooded Florida from outside the state, chiefly the Goliaths of Planned Parenthood (who stands to make millions from increased abortions in the state), the ACLU and various abortion rights coalitions. Fighting back are various Protestant coalitions and the Florida Conference of Catholic Bishops.

The Florida Conference has pushed the throttle to full speed and the states’ seven bishops did not hesitate to use direct, forceful language. Their advocacy website contains extensive resources to fight the amendment. At least four bishops have delivered strong warnings to their flock via video. Archbishop Thomas Wenski instructed Catholics:

[This] is an extreme proposal that legalizes full term abortion with no protections for the preborn child, including when the child is capable of feeling pain. This proposed amendment to our state constitution would prohibit all restrictions on abortion before viability and create a broad exception that any “healthcare provider” could exploit to allow abortion up to birth. I urge all Catholics and people of good will: Vote “no” on Amendment 4!

If Amendment 4 passes, Florida will become one of the most extreme abortion states in the nation. How could that happen in a state with strong religious affiliation? Most citizens do not realize that, if it passes, their elected representatives will not be able to enact any laws or statutes to regulate abortion in Florida. Lawmakers will be stymied, “prohibited” from passing laws to reestablish the current protections for women and minor girls. Many religious voters are unconcerned, “Governor DeSantis is pro-life, he will surely veto this thing.” If civics were well taught, citizens would know that governors cannot veto amendments.

The amendment language is devious, and an average citizen may not catch the multiple deceptions. Whereas another amendment on the Florida ballot (to legalize marijuana use) is over thirty pages long, the abortion amendment is a mere thirty-eight words. There is no definition of terms, and the conditions are all-encompassing:

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

The word “prohibit” is not followed by exceptions, and “penalize, delay or restrict” can be interpreted in the broadest possible formulation. It will erase all current protections in place for women, including basic safety and sanitation inspections. The term, “Health care provider” will be understood by most voters to mean a licensed physician, as is now required in Florida law. Legally, it does not mean that at all. In Florida statutes, a “health care provider” can be an optometrist, a dental hygienist, a podiatrist, or physical therapist, but no requirement to be a physician. The voter marking her ballot will be deceived. Do voters know that, as a Senator, Kamala Harris introduced S.510 (2017) to forbid states from requiring that only a doctor may perform an abortion? It was not enacted. But in the language of Amendment 4 in Florida, a “health care provider” suffices. Search the amendment, you will find no mention of a doctor.

Abortion advocates style their campaign as a restoration of “health care rights” following the new Florida heart-beat law which limits abortion after 6-8 weeks, with exceptions for rape, trafficking, and life of the mother. Rather, the amendment strips women and minor girls of all protections- loss of physician, safety procedures (which would violate the “restrict” provision) and very grievously, removes parental consent. The amendment replaces the current law for parental consent with “notification” which is not the same legal requirement. A child of fourteen can be dropped off at an abortion facility by her boyfriend without her parent’s consent, with no exam to determine if she has medical issues, allergies to anesthesia, or is fragile for any number of reasons. The voter will read the word “notification” and assume “consent” and is deceived again. Parents are stripped of their right to guard minor daughters.

 Dangerous culture of degeneracy

In a social media exchange, a Floridian asked why pro-life voters cared about abortion, “just don’t have one if you don’t want one.”  Other than the health and safety of women, minor girls and the baby, there is another reason that all citizens should defeat the abortion amendment. An often-overlooked reality is that abortion is a communal evil that drags other evils in its wake. All citizens have a stake, not only those who might seek an abortion.

Consider that one purpose for a parental notification law is to monitor sexual abuse of minors. If an underage girl is brought in for an abortion, the facility is legally required to report suspicious situations. Minus that requirement, young teens are at real risk. Unlimted, unrestricted abortions with no parental consent also encourage “abortion tourism.” States where abortion is legal without limits often attract clients from other states. Florida will have the most lax abortion laws in the Southeast. Hence, the state will become an abortion Mecca. Is that what Floridians want? Florida already struggles with human trafficking. Its many ports, marinas and international airports smooth the logistical plans for traffickers. The average trafficked 15 yr old needs 1.4 abortions a year. Easy, unrestricted abortion increases sex trafficking. This is especially ominous when a presidential candidate advocates the legalization of prostitution.

Before Roe v Wade, the justification for “safe, legal and rare” abortion was to clean up “back-alley abortions.” Amendment 4 in Florida permits use of “health care providers” and no requirement for licensed physicians. This will create a new “back alley” business model for the abortion industry. Wealthy women will seek facilities that assure them that a “licensed physician” is on staff. The coed and her boyfriend struggling with tuition won’t have the price of an upscale, doctor-performed procedure. They will be forced to use the facility in an outlet mall for half the price, staffed by a “healthcare provider” who is likely to be a physician with a suspended license, if even that. Is this the health care culture citizens expect?

When women and teen girls suffer increased incidences of perforated uteruses and pelvic infections, among other horrors, from unregulated conditions they must accept if the amendment passes, voters will have regret. It will be too late. An amendment is above any law that might be passed to ensure minimum basic protection for women and girls.

Many voters are conflicted. Moderates who want legal abortion for difficult cases, but not as birth control, are uneasy. Pro-life Floridians understand that these are the people that must be reached. It’s a battle for every inch, every percentage point at the polls.

To that end, some have realized that while a few may be converted to the pro-life perspective before November, it’s not enough. The better approach, under the barrage of abortion advertising and big money campaign events, is a true grassroots army. This is an army that can articulate the common goal to safeguard protection for women and girls, via the laws now in place, with a “No” vote.

Women already know that most abortions today are chemical abortions (63%). Pregnancy test kits are available at pharmacies that confirm a pregnancy even before a woman has missed her first period. Based on hormones released after conception, these tests are 99% accurate. The tests make it simple to choose to abort within the 6-8 weeks heartbeat limit in Florida and other states. Florida Physicians Agains Amendment 4 teach that rather than a late term abortion, it is safer for a woman to deliver the baby by Caesarian than to undergo the gruesome procedure. When voters understand these provisions for making a “choice” they can be persuaded that an extreme expansion of abortion doesn’t serve women or the state. It’s a compelling case to vote NO on Amendment 4 even for those who are pro-choice.

But it will take an army. Archbishop Wenski urged action in his letter to Floridians:

As confirmed Catholics we are to witness in an increasingly secularized world that God matters and because God matters, human beings, created in God’s own image and likeness, including the unborn, matter as well.