Opinion

Anti-abortion laws are unconstitutional

Tuesday, September 27, 2005

Earlier this month, Gov. Matt Blunt called a special session of the Missouri Legislature specifically to impose new barriers to abortions in Missouri. And, as expected, the Legislature approved a new law that imposes two new restrictions. First, under the new law, parents can sue anyone who assists their minor daughter in getting abortions and second, the new law requires doctors performing abortions to have clinical privileges at a hospital within 30 miles.

And, also as expected, now both a federal and a state judge have imposed temporary restraining orders against the new law. That should come as no surprise. The two new restrictions, in my opinion, have nothing to do with protecting the health and safety of those seeking an abortion. They are just a blatant attempt to provide a back-door halt to all abortions.

I clearly run counter to most of my conservative friends on the issue of abortion. But that aside, attempts to undermine constitutional law are not the way to address the abortion issue in this country. For instance, the provision mandating clinical privileges is not designed to provide better safety protections. It is designed to end abortions in some sections of the state where the mandates are practically impossible. Both judges saw it that way as well.

Both of these issues will soon make their way into the court system through a trial. And I believe the new law will ultimately be ruled unconstitutional.

I firmly believe there are ways to address and greatly diminish abortions in this state and in this country. But I don't believe the way is to establish more artificial barriers that nudge closely to defying our Constitution. That is neither a liberal nor conservative interpretation. It's a matter of right and wrong under the law.

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