Democratic State Rep. Amanda Toll of Keene, holding and rocking her newborn baby, Daniella, asked the NH House on Thursday to back her effort to enshrine abortion rights in the state’s constitution.
“When I was a teenager I accessed abortion care that has allowed me to go to college to graduate school to receive a master’s in education degree, to teach and to be a state representative,” she told lawmakers. “And it allowed me to have my children when I was ready, both physically and emotionally, including the baby girl I gave birth to just last week.”
The House voted 193-184 in favor of the proposal, CACR 23, but did not reach the three-fifths majority needed for passage of the proposed constitutional amendment.
The vote came in a busy House session. Among other actions, representatives rejected a bill calling for strict abortion limits, supported higher fees for public record requests and favored easing vehicle safety inspection requirements for new cars.
In 2022, the U.S. Supreme Court overturned Roe v. Wade, the landmark 1973 case that found the U.S. Constitution protected abortion rights. By throwing out that precedent, the high court left abortion regulations up to the states.
A state law enacted in 2021 through a Republican-led effort bans the procedure after 24 weeks, except in circumstances where the fetus has a fatal defect or the woman’s life is in danger. Abortions are rarely performed that late in a pregnancy in any case.
Toll’s proposal called for putting a measure on the statewide ballot to amend the state constitution, adding that abortions are allowed up to 24 weeks, and later in pregnancy if the procedure is necessary in a doctor’s opinion.
It would be harder for lawmakers to place further restrictions on abortion if rights to the procedure are spelled out in the constitution, she said.
“Granite Staters should not have their reproductive rights on the line every legislative session with bills seeking to ban abortion earlier and earlier in pregnancy,” Toll said.
She said it was challenging to speak to the House just one week after giving birth, but noted that having her third child “has reinvigorated my commitment to making sure every Granite Stater, including Daniella, has the right to make their own reproductive decisions.”
Katelyn Kuttab, R-Windham, asked representatives to reject the measure, saying it was vaguely worded.
CACR 23 sought to add wording to the constitution that “Every individual has a fundamental right to abortion.”
Kuttab said this passage could be interpreted to mean that a man could have the right to demand that a woman he impregnated have an abortion.
She also objected to wording in the proposal abortions after 24 weeks would be allowed if deemed necessary by a doctor.
“It is unspecific as to what necessary means and would enshrine a vague standard into our constitution,” Kuttab said. “Necessary could allow an abortion to be performed right up until birth simply because a woman wanted one and a doctor felt it was necessary to honor that wish.”
Last year, the NH House did not reach the required three-fifths margin for approval of a proposed constitutional amendment specifying that all people have the right to make their own reproductive decision.
Meanwhile, the House voted, 363-11, on Thursday to indefinitely postpone consideration of House Bill 1248, which called for abortions to be banned after 15 days of pregnancy.
In other action, the House:
Rejected reconsideration, 190-187, of House Bill 396, which the House passed on Jan. 4. The bill, which still must be considered by the NH Senate, would allow, but not require, private and public organizations to use “biological sex” as criteria for access to gender-specific spaces such as bathrooms, locker rooms and prisons.
Passed, 193-179, House Bill 1002, which would allow public bodies to charge up to $25 per hour for public records requests that take municipal or state employees more than 10 hours to process and respond to. Currently those who request public records may be charged only copying fees. This bill will eventually go to the NH Senate for further consideration.
Passed, 241-123, House Bill 1391, which would allow those who buy brand new cars to avoid the state-required safety inspection for two years after purchase. The bill now goes to the NH House Ways and Means Committee.
Passed, 366-5, CACR 13, a proposal to add to the state constitution that slavery and involuntary servitude are prohibited in New Hampshire. The measure now goes to the NH Senate.
Indefinitely postponed consideration, 341-21, of a proposed amendment to the constitution stating that if the U.S. debt reaches $40 trillion “New Hampshire shall declare independence and proceeds as a sovereign nation.”
This article isbeing shared by partners in The Granite State News Collaborative. For more information, visit collaborativenh.org.
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