Abortion bills in Florida Legislature violate U.S. Supreme Court rulings

State Rep. Joe Gruters and state Sen. Greg Steube have introduced bills (HB 203, SB 348) outlawing abortions after 20 weeks on the basis of the fetus’ ability to feel pain.

The U.S. Supreme Court has consistently held that states cannot outlaw abortion prior to viability, and that determination of viability must be left to the physician’s judgment. It is universally agreed that at 20 weeks post fertilization, the fetus is not viable.

In an effort to determine a fetus’ ability to perceive pain, research has examined how and when the brain and nervous system develops. The results consistently show claims that pain is felt at 20 weeks are unfounded. The world’s leading medical institutions all agree that, before 26 weeks, the fetus does not have the structural or neurological capacity to feel pain.

These bills ignore real-life situations women face in pregnancy. Only about 1 percent of abortions occur after 20 weeks, and most are for fetal defects that are incompatible with life and which cannot be diagnosed earlier. Imagine being forced to carry a pregnancy to term, deliver, then watch your baby die. Consider the potential pain this baby would then be at risk to experience. Consider the potential health risks to the mother in carrying the pregnancy to term.

In addition, these bills put the physician in the untenable position of criminalizing his or her medical judgment and recommendations.

The abortion debate comes from deeply held moral convictions on both sides, and values and beliefs of all that need to be respected. The doctor-patient relationship here is critical. The Supreme Court has also ruled consistently on this matter. The State of Florida cannot be allowed to interfere.

This story was originally published February 8, 2017 at 3:46 PM with the headline "Abortion bills in Florida Legislature violate U.S. Supreme Court rulings."