Abortion

Louisiana House Passes Bill to Ban Sex-Selective Abortions

Louisiana house lawmakers voted Thursday to ban abortions based on the sex of the fetus, despite a lack of documentation showing that sex-selective abortions are widespread in the United States.

Louisiana house lawmakers voted Thursday to ban abortions based on the sex of the fetus, despite a lack of documentation showing that sex-selective abortions are widespread in the United States. Louisiana government via Shutterstock

Louisiana house lawmakers voted Thursday to ban abortions based on the sex of the fetus, despite a lack of documentation showing that sex-selective abortions are widespread in the United States.

Even the legislation’s sponsor said there’s “no evidence” sex-selective abortions are happening in the state.

HB 701, sponsored by Rep. Lenar Whitney (R-Houma), would prohibit physicians from intentionally performing or attempting to perform an abortion if they know that the pregnant person is seeking the abortion because of the sex of the fetus.

The bill was passed by a 84-2 vote. Nineteen lawmakers did not vote. Republicans hold a 59-44 majority in the house.

The Republican bill prohibits any penalty from being imposed against the person seeking the abortion, but would allow the father or a grandparent of the aborted fetus to sue the physician or anyone who assisted in performing the procedure.

A receptionist who schedules the appointment or accepts payment, or nurses who assist the physician, could be held civilly culpable under the state’s newest anti-choice legislation. Damages for up to $10,000 could be sought from those who believe the abortion was based on the sex of the fetus.

Ellie Schilling, a reproductive rights attorney, told the New Orleans Times-Picayune that the legislation is meant to create an environment of uncertainty for providers and patients.

“It is meant to have a chilling effect on physicians and staff members [by] putting this potential liability out there,” Schilling said.

During the floor debate, Whitney, the bill’s sponsor, claimed that the legislation is intended to prevent sex-selective abortions while admitting she has no proof that they are happening.

“There’s no evidence of this happening in the state of Louisiana,” Whitney said, reported the Louisiana Advocate.

Some lawmakers criticized the legislation for being poorly drafted and having errors that could create legal problems. House Speaker Pro Tempore Walt Leger III (D-New Orleans) said that the bill could “potentially opens the door to a lot of litigation,” reported the Louisiana Advocate.

An amendment introduced by Leger that corrected an error in the legislation was accepted by the house.

Leger, who voted for the bill, warned fellow lawmakers against using cultural stereotypes in support of the bill and suggested they improve the legislation. “We are voting for a bill protecting the life of the unborn. The bill needs to be improved,” he said.

Miriam Yeung, executive director of the National Asian Pacific American Women’s Forum, said in a statement after the bill’s passage that Asian-American women already faced significant barriers to accessing health care, and that the bill both undermines women’s health and fuels stereotypes that Asian-American families do not value girls.

“Louisiana is playing politics with women’s health,” Yeung said. “This is an underhanded ruse to open the door to more and more abortion bans based on women’s reasons. Passage of this misleading and dangerous legislation will leave in its wake a trail of very real problems for thousands of Asian American women.”

More than 85,000 Asian Americans call Louisiana home, and the Asian-American community grew by 31 percent over the past ten years.

A recent study from the University of Chicago Law School shows that Asian-American families are actually giving birth to more girls than white American families.

The bill now moves to the senate, where Republicans hold a 26-13 majority.