As court case plays out, ND lawmakers approve abortion ban

North Dakota has been steeped in a legal challenge to the state’s trigger ban on abortions, which is currently blocked.

Now, the Legislature has advanced a bill which includes a separate ban with narrow exceptions. The measure heading to Gov. Doug Burgum’s desk would put in place a near-total ban on the procedure. There are a few exceptions, including cases of rape and incest.

Amy Jacobson, executive director of Prairie Action ND, pointed out the exceptions would only apply to those cases for up to six weeks. She noted the cutoff is before most women even know they are pregnant.

“Not being able to terminate that pregnancy revictimizes them again,” Jacobson argued. “And it’s shameful that the North Dakota Legislature would not do more for these victims.”

Prairie Action and other opponents called on the governor to veto the bill. Another exception applies to health risks for the mother, but it is not tied to the six-week cutoff. Republican sponsors of the bill say they’re trying to clear up language under state statute in relation to the trigger ban which was to take effect after federal protections were overturned by the U.S. Supreme Court.

The state Supreme Court recently ruled the trigger ban should remain blocked while a lawsuit challenging its constitutionality moves forward. Meanwhile, sponsors of the current plan said it reinforces North Dakota’s standing as a “pro-life” state.

Jacobson countered the viewpoint does not align with what voters want.

“In 2014, overwhelmingly the voters rejected an attempt to ban abortion in the state of North Dakota,” Jacobson emphasized. “I think that speaks volumes. So, we’re hoping that the governor will hear this call.”

The 2014 ballot measure would have added language to the state constitution specifying “every human being at any stage of development” has an “inalienable right to life.” It was defeated by nearly 30 percentage points.

As for the bill headed to the governor, anyone caught performing an abortion would be charged with a Class C felony. The patient would not face charges.