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ND lawmakers define life as starting at conception

Published on NewsOK Modified: March 23, 2013 at 12:29 am •  Published: March 23, 2013
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BISMARCK, N.D. (AP) — North Dakota didn't set out to become the abortion debate's new epicenter.

It happened by accident, after a legislative caucus that once vetted abortion bills languished, leaving lawmakers to propose a flurry of measures — some cribbed from Wikipedia — without roadblocks.

Long dismissed as cold and inconsequential, North Dakota is now trying to enact the toughest abortion restrictions in the nation. The newly oil-rich red state may soon find itself in a costly battle over legislation foes describe as blatantly unconstitutional.

"It had to happen some place," said Sen. John Andrist, a Crosby Republican who has served in the Legislature for more than two decades.

"I'm from the group who hates voting on abortion issues and who don't like to play God," said Andrist, who describes himself as "moderately pro-life" and has voted for some but not all of the restrictions North Dakota has taken up this year. "But we have some strong-willed people in this state who do."

Lawmakers on Friday took a step toward outlawing abortion altogether in the state by passing a so-called personhood resolution that says a fertilized egg has the same right to life as a person. The House's approval sends the matter to voters, who will decide whether to add the wording to the state's constitution in November 2014.

It's one of several anti-abortion measures to pass the Legislature. Most are awaiting the signature of Republican Gov. Jack Dalrymple, who hasn't yet indicated whether he supports the laws. Even if he were to veto them, some could have the support for the Legislature to override him.

One bill would prohibit abortion if a fetal heartbeat can be detected, which can happen as early as six weeks into a pregnancy. Another would make North Dakota the only state to prohibit women from having the procedure because a fetus has a genetic defect, such as Down syndrome.

Though similar proposals in other states have faced fierce opposition, almost all of the anti-abortion measures in North Dakota this year have passed with little debate and with overwhelming support. One Democrat, Sen. Connie Triplett, walked out of the Senate in a silent protest during debate last week on the genetic abnormalities bill, knowing her vote wouldn't keep the measure from passing.

The only significant measure to fail so far was a second personhood bill debated Friday that would have automatically defined in state law that life begins at conception. Lawmakers worried the wording would jeopardize couples' efforts to get pregnant using in vitro fertilization.

So why is this happening in North Dakota, and why now?

The answer lies in part with the disintegration of an anti-abortion caucus that used to take the lead on introducing bills aimed at the procedure. Longtime Sen. Tim Mathern, a Democrat from Fargo who once led the caucus, said the group favored a more gradual approach to ending abortion in the state, focusing on measures it thought would withstand legal challenges. Without the caucus, some of the Legislature's most ardent abortion opponents are taking up the cause, introducing bills crafted by out-of-state organizations or from examples found on the Internet.

Mathern, a Roman Catholic, fears the approach could backfire in the courts and with the state's residents.

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