A Wyoming legislative committee on Thursday advanced a bill that, if it becomes law, would safeguard pregnancy centers from being forced to offer abortions or otherwise abridge their mission by state or local governments.
The Joint Labor, Health and Social Services Committee on Thursday advanced the “Wyoming Pregnancy Center Autonomy and Rights of Expression” or Care Act, to the upcoming legislative session by a vote of 12-2.
The two nay votes came from Sen. Charlie Scott, R-Casper, and Rep. Mike Yin, D-Jackson.
Scott voiced numerous technical concerns but didn’t attack the bill’s intent.
He questioned whether the bill is tailored to Wyoming, and whether it should be pushed into the rushed, 20-day lawmaking session that begins Feb. 9. The shorter, even-numbered-year sessions are devoted to passing a state budget. Non-budget bills face tougher thresholds to enter deliberations.
“We’re facing a budget session. This is going to be a very controversial bill, probably, with lots of amendments that will take a lot of time,” said Scott, while speaking to Valerie Berry, executive director of LifeChoice Pregnancy Care Center in Cheyenne. “Are there current problems with cities, counties prohibiting these – restricting them? … Is there a current crisis going on?”
Berry answered, saying, “In Cheyenne now we do not have anything I’m aware of. But I do think this is a proactive bill. Because it’s happening around us.”
Five states have passed anti-pregnancy center legislation, Denise Burke, senior counsel for pro-life group Alliance Defending Freedom, later testified.
Bigger Debate
Berry had testified that her center has a medical director, a retired OB/GYN who volunteers, a family nurse practitioner and two registered nurses. Another center worker testified that the center follows medical privacy requirements.
Those remarks were pushback against earlier testimony by Britt Borrell, executive director of abortion-access advocacy group WYO United.
Borrell, with others, cast pregnancy centers as seedy, unlicensed places.
“This bill in no way promotes care for women and girls,” said Borrell, adding that in her view, the bill seeks to shield pregnancy centers from oversight.
“I would not want an unlicensed volunteer giving me an ultrasound, particularly when I know they have an express mission of scaring women away from abortion and have been known to mistake pregnancy start dates (to deter) medication abortion.”
To this Charla Ricciardi, another LifeChoice worker, countered again. She said the center emphasizes early ultrasounds to get an accurate fetal age — and to detect ectopic pregnancies in women considering chemically-induced abortions.
Jennifer L. Frary, a physician assistant told the committee the Cheyenne center’s good behavior may not be the norm, and said patients need care “that covers all choices.”
Sofia Gomelski, a member of the public speaking against the bill, said it could discourage the next generation from staying in Wyoming.
Sen. Cheri Steinmetz, R-Torrington, characterized that as a paradox.
"It’s always interesting to me how worried we are about the next generation, and yet were killing the next generation," said Steinmetz.
The Issue Though
Linda Burt, a Cheyenne-area attorney, said these arguments overlook the real issues driving this bill at this time.
The private pregnancy centers are protected by the First Amendment, from having to tout or perform abortion, said Burt.
“This (bill) is providing special legislation for one kind of nonprofit corporation,” she said.
The Wyoming Constitution bans “special,” or legislation hyper-specific to one entity or person.
And, added Burt, “If the pregnancy centers are operating in a professional and ethical manner – which certainly they’ve testified they are, there’s no reason to have special legislation (for this) nonprofit.”
Where Do You Live?
Scott voiced another technical concern: he worried aloud that the bill was a cookie-cutter draft from out of state. It didn’t appear typical for Wyoming legislation, he said.
When Burke of Alliance Defending Freedom testified in the bill’s favor, Scott asked a pointed question:
“Where do you live?”
Kansas, Burke answered.
“Are you aware of any Wyoming communities that have been abusing these centers?” asked Scott. “Because we have a question as to the urgency (of this legislation).”
“I’m not aware of any specific legislation or ordinances being considered in Wyoming, but that could certainly come up at any time,” said Burke.
As Drafted…
As drafted, the act would also ban counties, cities and other subdivisions of state government from requiring pregnancy centers to:
- Perform abortions,
- Offer abortion-inducing drugs or contraception,
- Refer anyone for an abortion,
- Counsel anyone toward abortion,
- Post information promoting abortions or contraception.
The bill also seeks to ban governments from persecuting pregnancy centers over their refusal to encourage abortion, and from requiring the centers to hire people who don’t agree with their “pro-life ethic and operating procedure,” says the bill text.
The centers could sue state or local governments for these violations, for three times the amount of actual damages they suffered.
It would also let state lawmakers intervene in court actions against the bill’s constitutionality.
Clair McFarland can be reached at clair@cowboystatedaily.com.
