US campaigners challenge abortion law changes

In the latest battle in the United States over abortion, organisations campaigning on reproductive and civil rights have challenged a new state law in Michigan that could ban all abortions. They have also challenged attempts by attorneys general in Kansas and Indiana to obtain confidential medical records. The organisations have gained a court injunction to temporarily prevent the enforcement of a Michigan state law that could make it more difficult for women there to have an abortion. The new law, which was to go into effect on 30 March, would redefine the moment of birth as the time when any part of the foetus was outside the vagina and showed signs of life. As a result of the campaigners' actions this move has been postponed to 15 June. Although abortion is available in Michigan, as elsewhere in the United States, the American Civil Liberties Union, the Planned Parenthood Federation of America, and the Center for Reproductive Rights argue that Michigan's law might ban all abortions. The new law does not actually prohibit abortion, but it declares that from the first moment any part of the fetus is outside the woman's vagina it is a “perinate” and a live, legal human being, providing it shows one of several signs: a detectable heartbeat, evidence of breathing, evidence of spontaneous movement, and umbilical cord pulsation. The doctor must then do everything possible to save that life. “It's unprecedented. The law redefines the fetus as a human being and gives it all rights under Michigan law,” a staff attorney at Planned Parenthood, Donna Lee, said. The rights organisations say the new definition endangers women's health. They say it might make it illegal to use abortion techniques such as suction or dilatation and extraction to treat women with a pre-viable fetus who has rupture of membranes, women with uterine infections, or women with a pre-viable fetus who has advanced cervical dilation. They say it might even make it illegal to treat some cases of miscarriage. It would still be legal to use the more dangerous techniques of hysterotomy or hysterectomy, which involve removing the fetus through the abdomen, because no part of the fetus would be outside the woman's vagina. Meanwhile, in Kansas and Indiana the issue at stake is the confidentiality of medical records of women who seek abortions or reproductive advice. In Kansas sex with a girl under 16 is illegal, even if it is consensual sex with another teenager. The Kansas attorney general, Phill Kline, who is opposed to abortion, demanded records of about 90 women and girls from two Kansas clinics. He was looking for records of women who had abortions after the state's legal limit of 22 weeks and of girls aged under 16 who had sought medical care for pregnancy. Mr Kline said that doctors should report pregnancies in girls under 16 as suspected cases of child abuse. He asked clinics for complete medical records, including name, medical history, birth control practices, psychological profile, and sexual history. Patients did not know that their records were being sought. The story attracted national attention. Mr Kline told the Los Angeles Times (25 February, page A 1), “Rape is a serious crime and, when a 10-, 11-, or 12-year-old is pregnant, they have been raped under Kansas law.” However, two thirds of the women whose records he requested were adults. In Indiana the state attorney general, Steve Carter, wants medical records from 73 low income patients who sought care paid for by Medicaid at Planned Parenthood clinics, including records of patients aged under 14. The girls did not have abortions but may have received contraceptive advice. In Indiana children under 14 who have sex are considered to have been raped or molested. Karen Pearl, interim president of the Planned Parenthood Federation of America, said: “This is an orchestrated attempt to intimidate young people who are sexually active and prevent them getting the help they need to prevent pregnancy, sexually transmitted disease, and HIV. This is a sweeping fishing expedition to intimidate providers and intimidate parents.” She said that the federation had fought and won previous battles to prevent government intrusion into medical records. Abortion is opposed by President Bush. Many US states limit late term abortions and require parental notification for minors.