Defending Life 2010

Proven Strategies for a Pro-Life America

A State-by-State Legal Guide to

Abortion, Bioethics, and the End of Life
Americans United for Life, Washington, DC 20005 & Chicago, IL 60607
Copyright © 2010 by Americans United for Life
All rights reserved
First edition published 2006

Published in the United States of America

978-0-9777204-6-0

Cover & book design by Erin Cox

 Americans United for Life
President & CEO: Charmaine Yoest, Ph.D.

Copyright 2010 by Americans United for Life. All rights reserved under International and
Pan-American Copyright Conventions. No part of Defending Life 2010 may be reproduced
or transmitted in any form, electronic or mechanical, including photocopy, recording, or any
information storage and retrieval system now known or to be invented, without permission in
writing from the publisher, except by a reviewer who wishes to quote brief passages in an ar-
ticle or a review written for inclusion in a magazine, newspaper, or broadcast. For information,
please contact:
Americans United for Life
655 15th Street NW, Suite 410, Washington, DC 20005; 202-289-1478
310 South Peoria Street, Suite 500, Chicago, IL 60607-3534; 312-568-4700
“This year’s AUL legal guide, Defending Life 2010, provides a valuable resource for pro-
life leaders.  This state-by-state scorecard of progress in the effort to defend life lets elected
officials, grassroots activists, and citizens know exactly where we are on our shared priority.  I
am proud that the report reflects the sweeping reforms we have enacted in Texas, saving
thousands of lives in the process.  This is not a book you leave on the shelf to collect dust.
This information is ammunition in a fight that is far from over. I know you will find this guide
informative and useful as you continue to promote and protect life in your state.”
Rick Perry, Governor, Texas
 
“Defending Life is a valuable resource for anyone dedicated to protecting human life through
our legal system.  I encourage you to use this resource in your efforts to build a pro-life
community across the nation.”
Cathy McMorris Rodgers, Member of Congress, Washington
 
“I really value the rock-solid legal advice in each year’s edition of Defending Life.  From the
beginning of life to the end of life, AUL’s legal guide has more concrete usable information on
pro-life law than any other resource.  It is a must-have tool for every state legislator.”
Lance Kinzer, State Representative, Kansas
 
“AUL’s Defending Life is the best legal resource for state legislators in the country.  If you are
looking to pass meaningful laws that protect human life from beginning to end, this is the book
you need.”
Todd Lamb, State Senator, Oklahoma
 
“Defending Life 2010 provides a comprehensive resource for state legislators.  Not only
is the analysis of the legislative and judicial work methodical, but it is also educational in
communicating the rights of the unborn.”
Linda L. Upmeyer, State Representative, Iowa

“For the past several years, AUL’s annual Defending Life books have been the go-to source
for up to the moment, accurate information of the pro-life pulse in the United States.  AUL
has earned the reputation as a trusted partner for pro-life legislators across America. May God
continue to bless your excellent efforts in leading the pro-life movement.”
Delbert Scott, State Senator, Missouri
 
Defending Life 2010
Proven Strategies for a Pro-Life America
A State-by-State Legal Guide to
Abortion, Bioethics, and the End of Life

AUL An Educational Publication of

Americans United for Life
Legal 655 15th Street NW, Suite 410

Guide
Washington, DC 20005
(202) 289-1478

2010 310 South Peoria Street, Suite 500

Chicago, IL 60607-3534
(312) 568-4700
(800) 626-6149 • www.AUL.org
 Editor-in-Chief:
Denise M. Burke, Esq., Vice President of Legal Affairs

Associate Editors:
Mailee R. Smith, Esq., Staff Counsel
Daniel S. McConchie, Vice President of Government Affairs
Erin Cox, Development Officer
William L. Saunders, Senior Vice President of Legal Affairs

Contributors:
Clarke D. Forsythe, Esq., Senior Counsel
Jessica J. Sage, Esq., Staff Counsel

Elizabeth Rose, AUL 2006 Fellow

Charmaine Yoest, Ph.D., President & CEO

 11

Defending Life 2010 Overview

Forward by David J. Shafer, State Senator, Georgia 13
From the President 15
From the Editor 17
Expanded Table of Contents 19

Abortion 29
AUL Model Legislation 163

Legal Recognition of Unborn & Newly Born 289

AUL Model Legislation 319

Bioethics & Biotechnology 341

AUL Model Legislation 369

End of Life 411

AUL Model Legislation 445

Healthcare Rights of Conscience 463

AUL Model Legislation 489

State of the States 505

Ten Best & Ten Worst States for Life - Map 509
Defending Life 2010 State Rankings 511

Appendix 823

Defending Life 2010

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FORWARD
By David J. Shafer
State Senator, Georgia
As early as I can remember, my parents explained to me that I was a special gift to them.  I was
adopted.

As I grew older, they explained more.  My biological mother was a college student.  She was not
married to my biological father, although they thought they might one day get married. They had
decided that it would be best for me to be raised by a mother and father who were married.

My parents learned about me months before I was born, when their application to adopt a baby
was approved and matched to me.

They got a call on the day I was born, and eleven days later they picked me up from the orphan-
age.

The day before, coincidentally, was Mother’s Day.

My mother told me once that it took an hour for them to drive home, and that she held me in her
arms the whole way.  She said at the end of that car ride, it was as if I had not been hers for just
an hour, but for all eleven days and the many months before that.

Many years later, at the urging of the parents who raised me, I visited the place where I was
born.  The building still stood, but it was no a longer a home for unwed mothers.  Instead, it
sheltered homeless men.

Also at their urging, I searched for and found my biological mother.  In that very first conver-
sation, she brought up abortion, saying I probably wondered if she had considered it.  No, she
quickly said, she not considered it, because in 1965, it was not something that was considered.

The world has changed, of course.  Eight years after I was born, the U.S. Supreme Court de-
clared that unborn babies were not persons.   Unwed mothers were suddenly confronted with
new and frightening choices.  In the years that followed, over 50 million unborn babies have
been aborted.  Over a million babies are aborted each year, far surpassing deaths from any other
cause.  Thanks to the Supreme Court, there is no more dangerous place for a baby than the
womb.

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As you might expect from the circumstances of my birth, the fight to save the lives of the unborn
is very personal to me.  In my time in the Georgia State Senate, I have done my best to promote
legislation protecting life, working to pass bills guaranteeing that mothers faced with an un-
planned pregnancy would have access to ultrasound photographs and medical information before
being forced to make a decision about abortion.

Americans United for Life (AUL) has been at my side every step of the way.  Founded in 1971,
more than a year before the decision in Roe v. Wade, AUL is the oldest pro-life organization in the
country.  Long known as “the legal arm of the pro-life movement,” AUL has helped legislators
like me craft laws to foster a culture where human life is understood, respected, and cherished.

You hold in your hands one of the best resources available in the legislative effort to defend hu-
man life.  Defending Life 2010 is a vital tool to help develop and promote new pro-life laws that
will save lives and promote a culture of life.

Although we have lost control of the White House and Congress to those who do not share our
values on this important issue, I am heartened by the great progress that is nonetheless being
made.  The number of surgical abortions is on the decline, and the number of Americans who
identify themselves as pro-life is on the rise.

Thanks in no small measure to the work of organizations like AUL, we are getting closer to the
day that every baby will have the same opportunity I had—to take a first breath in this world,
welcomed in love and protected by law. 

Americans United for Life

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FROM THE PRESIDENT

Dear Friends of Life:

Welcome to Defending Life 2010, our fifth edition of this annual

compendium of resources for building a culture of life through the
American legal system.

As this year’s edition goes to print, we are working strenuously to educate

Capitol Hill and the American public about the numerous threats to life
and rights of conscience in the healthcare reform bills currently making
their way through Congress. Whatever the outcome of this push for
healthcare reform legislation, the maneuverings of pro-abortion U.S.
senators and representatives—who, at this writing, are consistently defeating efforts to add pro-
life correctives to the healthcare bills—reveal their ultimate objective. They will not be satisfied
until the nation’s laws enshrine the complete moral equivalence of abortion with health care.

Witness the cavalier assertion that California Democratic Rep. Lynn Woolsey made during a
congressional debate: “Abortion is a legal medical practice. Why are we even having to talk
about it? We’re not talking about whether you can or can’t have your tonsils out … .”

Imagine a world in which we cannot differentiate between an abortion and a tonsillectomy. This
is precisely the situation we now face. The first link on Planned Parenthood’s Web site under the
organization’s name is “health,” and the first category under health is “abortion.” The abortion
lobby wants to win by definition. They know that if they succeed at defining abortion as part of
health care, they will have shifted the entire debate.

Yet, as I write this, poll after poll is showing that American public opinion is shifting dramatically
against abortion. What is preventing abortion advocates from claiming victory in the fight for the
hearts, minds, and wallets of U.S. taxpayers? In no small measure, one reason is the tremendous
amount of effort expended by committed pro-life people on the state level.

The majority of states continue to successfully pursue and implement a life-affirming legislative
agenda. This year, as the most radically pro-abortion administration in history took shape in
Washington, the number of requests AUL received from state legislators and pro-life activists
increased exponentially. During the 2009 state legislative sessions, AUL has provided more than
2,400 policy guides and model legislation to more than 325 requestors—more than four times
the assistance we provided in 2008. We also actively consulted in 30 states on legislation and
potential ballot initiatives.

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We are working hard to grow our resources to meet that demand. As I write this, we are preparing
a new major initiative for states: a comprehensive, three-tiered plan to achieve the protection of
life sought by our movement for so many years.

I feel so fortunate to work with a remarkable team of committed attorneys. And we are deeply
grateful we have been able to significantly expand both our legal team and our presence in
Washington this year with a move into new office space in Metropolitan Square, across the street
from the Treasury Department.

And lastly, we appreciate you. It’s a great honor to stand together with men and women across
this great country, who share our commitment to working together, “Defending Life.”

For Life,

Charmaine Yoest, Ph.D.

President & CEO

Americans United for Life

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FROM THE EDITOR

Welcome to Defending Life 2010! AUL is enormously encouraged by the
progress we made in 2009 toward restoring a culture of life, and we are
confident that 2010 will be even better!

Importantly, the majority of states have continued their pursuit of life-af-

firming laws and policies, despite Congress and the Obama Administra-
tion’s relentless pursuit of a strategy to implement a regime of unregulated
and unrestricted abortion-on-demand, to fund unethical and destructive
biotechnologies, to coerce and undermine the consciences of healthcare
providers, and to marginalize the elderly, the vulnerable, and those facing
the end of life.

In 2009, more than 60 pro-life measures were enacted in the states, a marked increase from 2008.
This accomplishment is especially notable given that there was a nearly one-third decline in the
number of pro-life measures introduced in the states in 2009 (as compared to 2008 activity lev-
els). Several notable and promising developments and trends also emerged in 2009:

• The states considered approximately 300 abortion-related measures, the vast

majority of them life-affirming, and virtually every state considered at least one
pro-life measure.

• Several states introduced resolutions opposing the federal “Freedom of Choice

Act” (FOCA), a radical piece of legislation that would enshrine abortion-on-
demand into American law and override all federal and state laws regulating or
restricting abortion. Meanwhile, attempts in five states to enact state versions of
FOCA were handily defeated.

• States continued to seek to protect the unborn in contexts other than abortion
by enacting protections for unborn victims of violence, encouraging substance-
abuse treatment for pregnant woman, and providing legal recourse for families
whose unborn children are killed through the criminal acts or neglect of others.

• Measures to regulate biotechnologies and to prohibit or restrict technologies that

destroy nascent life increased by nearly 20 percent—the first increase in such
legislation in 3 years.

• While legislation to protect healthcare providers’ freedom of conscience declined

by 50 percent, for the first time in three years, measures to protect conscience

Defending Life 2010

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outpaced measures to violate or compel conscience by a margin of 2 to 1.

• State legislation on end of life issues doubled from 2008 activity levels.

These life-affirming trends—especially during an economic crisis—bode well for the 2010 state
legislative sessions and the continuing pursuit of a renewed culture of life.

Many of the necessary building blocks for a culture that respects and protects life and for laws
that reflect that desired cultural imperative are contained in this volume. By design, Defending
Life emphasizes the importance of life-affirming legislation and seeks to educate legislators, the
media, and the American public on the full spectrum of life issues and the many opportunities
and challenges we face. We also hope it will encourage everyone to stay active and informed not
just at the federal level, but also at the state and local levels. As this one-of-a-kind legal guide
shows, in the states we are making significant progress—state by state, law by law, and person by
person—toward the day when everyone is welcomed in life and protected in law.

Defending Life 2010 has several key components:

• In-depth discussions of key legislative and policy issues related to abortion, pro-
tection of the unborn, bioethics, the end of life, and healthcare rights of con-
science.

• Review and analysis of the 2009 state legislative sessions, overviews of the im-
portant gains and key defeats in the ongoing fight to preserve and defend the
sanctity of all human life, and strategic recommendations for each of the 50
states.

• Thirty-two pieces of model legislation developed by AUL experts to assist legis-

lators and policymakers in drafting, debating, and passing life-affirming laws.

• Specific information on each of the states, including an overall ranking of the

states and a thorough analysis of each state’s successes, opportunities, and chal-
lenges.

Thank you for your support of AUL and for Defending Life!

Denise M. Burke
Vice President of Legal Affairs
Editor-in-Chief

Americans United for Life

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TABLE OF CONTENTS
ABORTION 29
Section Overview 31
The Roadmap to Overturning Roe v. Wade: What can the states do now? 33
Beware of FOCA-by-Stealth: How a radical abortion-on-demand agenda is
being implemented piecemeal, and how it could impact the states 41
Abortion: A survey of federal and state laws 47
2009 State Legislative Sessions in Review: Abortion & contraception 53
A Winning Strategy: Approaching abortion bans with prudence 63
Talking Points 69
Maps 71
Informed Consent Laws: Protecting a woman’s right to know 75
Talking Points 83
Maps 85

Parental Involvement Laws: Protecting minors and parental rights 91

Talking Points 95
Maps 97
Regulating Abortion Facilities and Providers: Combating the true back alley 101
Talking Points 111
Maps 115

Planned Parenthood: What can be done to stop their radical agenda for America? 121
State Funding Limitations: A proven weapon in reducing abortions 127
Talking Points 131
Maps 133
Deadly Convenience: RU-486, Plan B, and the danger of “contraceptive equity” 139
Talking Points 145
Maps 149

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Pregnancy Care Centers: On the frontline in the cause for life 155
Talking Points 159
Maps 161

AUL Model Legislation 163

NEW State Constitutional Amendment 165
Joint Resolution Opposing the Federal “Freedom of Choice Act” 167
Joint Resolution Proposing a Constitutional Amendment Returning
Determinations on Abortion Law and Policy to the American People 171
Partial-Birth Abortion Ban Act 173
Ban on Abortions Performed for Reasons of Sex Selection, Potential Genetic
Deformity, or Potential Disability 179
Women’s Right to Know Act 187
Women’s Ultrasound Right to Know Act 201
Fetal Pain Awareness and Prevention Act 207
Coercive Abuse Against Mothers Prevention Act 213
Parental Consent for Abortion Act 221
Parental Notification of Abortion Act 229
NEW Abortion Patients’ Enhanced Safety Act 237
Women’s Health Protection Act (Abortion Clinic Regulations) 243
NEW Abortion Complication Reporting Act 257
Child Protection Act 263
Abortion-Inducing Drugs Safety Act 271
Title X Consistency and Transparency Act 277
Joint Resolution Honoring Pregnancy Care Centers 285

Americans United for Life

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LEGAL RECOGNITION OF UNBORN & NEWLY BORN 289

Section Overview 291
Primer on Legal Recognition of Unborn & Newly Born 293
Talking Points 301
Maps 305
2009 State Legislative Sessions in Review: Legal recognition of unborn &
newly born 315

AUL Model Legislation 319

Crimes Against the Unborn Child Act (Fetal Homicide) 321
Pregnant Woman’s Protection Act 325
Born-Alive Infant Protection Act 329
Unborn Wrongful Death Act 335

BIOETHICS & BIOTECHNOLOGY 341

Section Overview 343
“The Brave New World” of Bioethics: A survey of federal and state laws 345
Maps 355
2009 State Legislative Sessions in Review: Bioethics & biotechnology 365

AUL Model Legislation 369

Human Cloning Prohibition Act 371
Destructive Human Embryo Research Act 375
NEW
Prohibition on Public Funding of Human Cloning and Destructive Embryo
Research Act 379
Assisted Reproductive Technologies Disclosure and Risk Reduction Act 385
NEW Egg Provider Protection Act 395
Embryo Adoption Act 405

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END OF LIFE 411

Section Overview 413
Preserving Human Dignity at the End of Life: A survey of federal and state laws 415
Talking Points 435
Maps 439
2009 State Legislative Sessions in Review: End of Life 441

AUL Model Legislation 445

NEW Assisted Suicide Ban Act 447
Pain Medicine Education Act 451

HEALTHCARE RIGHTS OF CONSCIENCE 463

Section Overview 465
Healthcare Rights of Conscience: A survey of federal and state laws 467
Talking Points 471
Maps 473
A Primer on Protecting Healthcare Rights of Conscience 475
The Tip of the Spear: Defending pharmacists’ rights of conscience 481
2009 State Legislative Sessions in Review: Rights of Conscience 485

AUL Model Legislation 489

Healthcare Freedom of Conscience Act 491
Pharmacist Freedom of Conscience Act 497

Americans United for Life

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STATE OF THE STATES 505

Section Overview 507
Ten Best & Ten Worst States for Life - Map 509
Defending Life 2010 State Rankings 511

2010 State Report Cards and Recommendation Checklists:

Alabama 513
Alaska 519
Arizona 525
Arkansas 531
California 537
Colorado 543
Connecticut 549
Delaware 555
District of Columbia 561
Florida 563
Georgia 569
Hawaii 575
Idaho 581
Illinois 587
Indiana 593
Iowa 599
Kansas 605
Kentucky 611
Louisiana 617
Maine 625
Maryland 631
Massachusetts 637
Michigan 643
Minnesota 649
Mississippi 655

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Missouri 661
Montana 669
Nebraska 675
Nevada 681
New Hampshire 687
New Jersey 693
New Mexico 699
New York 705
North Carolina 711
North Dakota 717
Ohio 723
Oklahoma 729
Oregon 737
Pennsylvania 743
Rhode Island 749
South Carolina 755
South Dakota 761
Tennessee 767
Texas 773
Utah 779
Vermont 785
Virginia 791
Washington 797
West Virginia 803
Wisconsin 809

Americans United for Life

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Wyoming 815

APPENDIX 823
About Americans United for Life 825
Defending Life Online 826
The AUL State Supreme Court Project 827
FightFOCA.com 829
RealHealthCareRespectsLife.com 830
About the AUL Fellows Program 831
About the AUL Externship Program 832

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Americans United for Life

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Defending Life 2010

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Americans United for Life