** Since this post was published, Kansas became the 13th state to have their Supreme Court interpret their state constitution to protect abortion. **
As Louisiana prepares to consider the Love Life Amendment, I want to take a moment and provide you a glimpse as to why this amendment is necessary, especially as it relates to what has happened in other states.
Remember what happened in January 22 of 1973. In the infamous Roe V. Wade decision, the U.S. Supreme Court discovered in the U.S. Constitution a “right to abortion.” If you have read our U.S. Constitution, you would know that the word “abortion” never appears there. Yet, the Supreme Court still created a right to abortion, thereby requiring all 50 states to legalize abortion, no matter what their state law did or did not say about abortion.
As it turns out, state supreme courts have followed suit. In fact, since Roe v. Wade, twelve State Supreme Courts have construed their state constitutions to find a state constitutional right to abortion, grounded mainly in the express or implied right of privacy. It is like 12 mini Roe v. Wade decisions applicable to these states only.
Right now, Louisiana is fortunate that this has not happened. But never say never.
The abortion industry, which supports abortion-on-demand up until the very moment before birth, has increasingly engaged in a state court strategy with the goal of nullifying common sense pro-life laws in state courts. We do not want common-sense laws like parental consent, ultrasound laws, informed consent to be invalidated in our state courts. The Love Life Amendment will prevent that.
And with the U.S. Supreme Court becoming potentially more pro-life, these state courts challenges will only increase. If Roe v. Wade were ever overturned, the abortion industry would look to challenge the laws on our books in state courts. The Love Life Amendment keeps the decision about Louisiana law and the protection of unborn children in the democratic process, rather than in the hands of judges. It would ensures that our ‘trigger’ law protecting all unborn babies if Roe v. Wade is overturned won’t be gutted by a future state constitutional challenge.
Simply put, the Love Life Amendment will prevent a Roe v. Wade of Louisiana.
Here is a look at the rest of the nation…
ABORTION IN STATE CONSTITUTIONS
Twelve State Supreme Courts have construed their State constitutions to find a state constitutional right to abortion, grounded mainly in the express or implied right of privacy.[1]
- Alaska
- California
- Florida
- Massachusetts
- Minnesota
- Mississippi
- Montana
- New Jersey
- New Mexico
- New York
- Tennessee*
- Vermont
The state constitutions of the following five States include articles or amendments, similar to the Love Life Amendment, providing that nothing in their respective state constitutions secures or protects a right to abortion or requires the funding of abortion.
- Alabama (2018)[2]
- Arkansas (1988) [3]
- Rhode Island (1986). [4]
- Tennessee* (2014)
- West Virginia (2018) [2]
*In 2014, Tennessee voters passed a ballot measure stating “Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.” The ballot measure was to undo the impact of a 1999 state court decision finding a state constitutional right to abortion, with the impact of striking down Tennessee’s Woman’s Right to Know law. See Emma Green, What Tennessee’s New Abortion Amendment Means for America, The Atlantic (Nov. 5, 2014), https://www.theatlantic.com/politics/archive/2014/11/what-tennessees-new-abortion-amendment-means-for-america/382401/
[1] Paul Benjamin Linton, Abortion Under State Constitutions: A State-by-State Analysis (2nd ed. 2012).
[2] Nathaniel Weixel, Alabama, W.Va. voters approve anti-abortion amendments, The Hill (Nov. 7, 2018), https://thehill.com/policy/healthcare/415417-alabama-passes-anti-abortion-amendment.
[3] See Arkansas Amendment LXVIII (adopted in 1988) in Linton, supra n. 1 at 70-71.
[4] The last sentence of Article I, Section 2 of the the 1986 Rhode Island constitution Const. provides “Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.”
