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House, May 17, 1979 MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) LEGISLATIVE RECORD OF THE One Hundred and Ninth Legislature OF THE STATE OF MAINE Volume II First Regular Session May 7, 1979 to June 15, 1979 INDEX First Confirmation Session August 3, 1979 INDEX First Special Session October 4-5, 1979 INDEX Second Special Session October 10-11, 1979 INDEX Second Confirmation Session December 7, 1979 . INDEX 1218 LEGISLATIVE RECORD - HOUSE, MAY 17, 1979 also? Performed" (S. P. 484) (L. D. 1482) - In sumer protection measure. Many people may The SPEAKER: The gentleman from West Senate, Report "A" Accepted and Bill Passed choose to have an abortion rapidly and I do not Gardiner, Mr. Dow, has posed a question to be Engrossed as Amended by Committee mean to cast aspersion on their human integri­ through the Chair to anyone who may respond Amendment "A" (S-182) as Amended by ty when I say that, but if you put yourself in the if they so desire. Senate Amendment "A" (S-I90) thereto on position, I think you can see how you might The Chair recognizes the gentlewoman from May 15. have one rapidly. The 48 hour waiting period Waterville, Mrs. Kany. Tabled-May 16, 1979 (Till Later Today) by only extends to them the same protection that Mrs. KANY: Mr. Speaker, Ladies and Gen­ Mr. Garsoe of Cumberland. we extend to people who buy encyclopedias tlemen of the House: The answer is yes to all Pending-Motion of Mr. Carrier of West­ from traveling salesmen or have siding put on crimes and traffic offenses and of course, as brook to accept Report "A" their houses. Representative Churchill indicated a little over Mrs. Sewall of Newcastle requested a roll Second, the bill goes beyond what we ordinar­ $250,000 in fines was received by the depart­ call. ily expect in informed consent by requiring ment last year. Mrs. SEWALL: Mr. Speaker, Members of that there be some information given about al­ There would be 10 percent on those fines, the House: This is a second in the series of ternatives. This implies no duty of the physi­ since they are primaily for misdemeanors, and abortion bills we have had. This one also is cian to advocate the use of these alternatives then if there was anything left over, that would aimed at the doctors. and it does nothing to prevent his or her from go into the General Fund. Report" A", which was accepted in the other urging the pregnant woman to reject the alter­ I also understand that none of the wardens body, would make a physician start filing a natives and have the abortion. It can be done by are trained at the Criminal Justice Academy. whole new form on the abortion business for a mimeographed list of agencies and address­ The SPEAKER: The Chair recognizes the consent by a woman. If you will read the bill, es. It is a minimal, modest requirement, and to gentleman from Old Town, Mr. Pearson. -"no physician will perform an abortion unless find an undue burden here is to find it any­ Mr. PEARSON: Mr. Speaker, Ladies and prior to the performance the attending physi­ where. Gentlemen of the House: I didn't have a copy of cian certifies in writing that the woman gave This bill expands the woman's right to choose the Part I Budget with me awhile ago but I do her informed, written consent freely and with­ by giving her the facts about concrete alterna­ now. In the Part I Budget for the Criminal Jus­ out coersion. He shall also certify that not less tives open to her. tice Academy it calls for $418,000, and in 1978 it than 48 hours prior to her consent, he informed I would ask the members of the House, who was $345,969 and it is estimated that this year, the woman of the information contained in Sub­ is so dead set on promoting abortions as to deny 1979, would cost $447,000. section II; he shall further certify in writing the woman the right to such information from a The SPEAKER: The pending question before the pregnant woman's a~e based upon proof of person uniquely situated to provide it to her? the House is on the motion of the gentlewoman age offered by her." ThIS is adding this whole This issue should separate the pro-choice eu­ of Waterville, Mrs. Kany, that the House new procedure that a doctor 'must' now do. phism from the pro-abortion reality, because a accept the Minority "Ought Not to Pass" Then it goes on to say what things he must vote for this bill is a vote for choice, only a Report. A roll call has been ordered. Those in inform the woman of. I think in medical prac­ choice made with a knowlege of what abortion favor will vote yes; those opposed will vote no. tice today, this information has already been entails and what alternatives are available, not ROLL CALL given. I signed on this, the "Ought Not to Pass" a phony, pressured, uninformed choice for the YEA-Austin. Bachrach, Baker, Benoit, - doctors are already giving women informa­ one action that some people are representing to Berry. Berube. Blodgett, Bowden, Brannigan, tion on this sort of thmg and this is just adding us as the final solution to the welfare problem. Brenerman. Brodeur, Call, Carrier, Carroll, a tremendous emcumbrance having these The SPEAKER: The Chair recognizes the Carter, F.; Cloutier. Connolly, Cox, Cunning­ forms and they have to be filed and you know gentlewoman from Falmouth, Mrs. Huber. ham. Curtis, Davies, Dellert. Doukas. Dudley, what that is going to mean, that is going to Mrs. HUBER: Mr. Speaker and Members of Dutremble. L.; Fowlie, Gowen, Hickey, Howe, mean more expense to everyone, more hassle the House: I realize the argument about consti­ Hughes, Hutchings. Immonen, Jacques, E.; for the doctor and it is just another bill trying tutionality doesn't seem to have many believ­ Jalbert, Joyce, Kane, Kany, Kelleher, LaP­ to get in the way of a woman's right, guaran­ ers in this body, but I feel required to put it on lante, Locke, Lund. Mahany, Martin, A.; Max­ teed by the Constitution, to have an abortion. the record, regardless of how you react to it. well, McHenry, McKean, McSweeney, The SPEAKER: The Chair recognizes the In fact, the good gentleman, Mr. Simon, has Michael, Mitchell, Nadeau, Nelson, M.; gentleman from Lewiston, Mr. Simon. pointed out that good doctors provide the kind Nelson, N.; Paul, Pearson, Post, Prescott, Mr. SIMON: Mr. Speaker and Members of of information asked for in this bill right now. Simon, Stover, Strout, Tarbell, Tierney, the House: This is a pro-truth bill. In Mayer vs. That is absolutely correct. The difference, ob­ Tozier, Violette, The Speaker. Roe, in 1977, the Supreme Court established a viously is that this bill would require by the NAY-Aloupis, Barry, Beaulieu, Birt, Bor­ doctrine that the states need not show a com­ state that the physician provide the informa­ deaux, Boudreau, Brown, K. L.; Brown, K. C.; pelling interest for all regulations concerning tion. It is voluntary versus mandatory, I think Bunker, Carter, D.; Chonko, Churchill, Conary, abortions but only for those imposing an abso­ that is quite clear, too. Damren, Davis, Dexter, Diamond, Dow, lute obstacle for an undue burden on the deci­ My concern with this bill and the reason I say Drinkwater, Fenlason, Fillmore, Garsoe, sion to have an abortion. it is unconstitutional is because it is my under­ Gavett, Gillis, Gould, Gray, Gwadosky, Hall, Clearly, L. D. 1482 does not impose an abso­ standing the Supreme Court Decision in 1973 Hanson, Higgins, Huber, Hunter, Jackson, Jac­ lute obstacle. So, the question arises, does it was in the first trimester, the decision to have ques, P .. Kiesman, Laffin, Lancaster, Leigh­ constitute an undue burden? In PlaMed Paren­ an abortion is made between the women and ton. Leonard. Lewis, Lougee, Lowe, MacBride, thood of Central Missouri versus Danforth, the her doctor, and no state can prescribe or con­ MacEachern, Marshall, Maiterman, Master­ Supreme Court has already upheld the general tain or mandate anything in that period of ton. McMahon, McPherson, Morton, Nelson, concept of informed consent and, furthermore, time. To me, it is quite clear that this bill ap­ A.. Paradis, Payne, Peltier, Peterson, Reeves, the Supreme Court has already upheld the plies to any abortion at any time and therefore J., Reeves, P., Rolde, Rollins, Sewall, Sher­ notion that the state may impose that require­ it is unconstitutional. I would hope that you burne, Silsby, Small, Smith, Sprowl, Stetson, ment on abortion if it does not require it on any would not pass this lawyer's relief act, because Studley, Theriault, Torrey, Tuttle, Twitchell, other medical procedures. that is all it is. Vincent, Vose, Wentworth, Whittemore, Wood, The Supreme Court, in PlaMed Parenthood, The SPEAKER: The Chair recognizes the Wyman. did so over the very same objections that my gentlewoman from Owl's Head, Mrs. Post. ABSENT-Brown, A., Brown, D., Dutrem­ dear friend, the gentlelady from Newcastle has Mrs. POST: Mr. Speaker Men and Women of ble, D., Elias, Hobbins, Lizotte, Matthews, brought up concerning tying the hands of the the House: I don't usually get involved in the Norris, Roope, Soulas. medical profession. However, L.
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