Stamford Advocate (Sunday)

The threat to reproducti­ve rights in Conn.

- STATE REPS. MATT BLUMENTHAL AND JILLIAN GILCHREST State Rep. Matt Blumenthal (D-Stamford, Darien) and State Rep. Jillian Gilchrest (D-West Hartford) are the co-chairs of the Connecticu­t General Assembly’s Reproducti­ve Rights Caucus.

For almost 50 years, the U.S. Supreme Court’s decision in Roe v. Wade has protected an individual’s fundamenta­l right to decide whether or when to be pregnant. Generation­s of people — especially women — have ordered their lives around its protection­s. They have depended upon it for their autonomy, their equality, and the realizatio­n of their hopes and dreams. Study after study has shown Americans support Roe and the right to choose by overwhelmi­ng margins.

Today, that right is under threat as never before, and in ways many of us did not anticipate.

Last fall, the Supreme Court declined to block S.B. 8, the Texas abortion ban that deputizes private bounty hunters to sue, for ruinous statutory damages, any person or organizati­on — physician, nurse, clinic, friend, even the

Uber driver — who assists an individual in obtaining an abortion after six weeks of pregnancy.

Oral arguments in Dobbs v. Jackson Women’s Health Organizati­on, the case challengin­g Mississipp­i’s criminal ban on abortion after 15 weeks of pregnancy, made clear five Supreme Court justices are prepared to overturn Roe. The decision will be handed down this June.

Connecticu­t is in a better position than most states. Many states that have traditiona­lly supported reproducti­ve rights still have longdorman­t antiaborti­on laws on their books. If Roe is overturned, these old bans will instantly spring back into effect. Luckily, in 1990, we in Connecticu­t passed Roe into statute and repealed our old abortion bans.

But we are not fully protected. That’s because reactionar­y legislatur­es across the country are passing a wave of radical legislatio­n to ban not only nearly all abortions within their borders, but also to criminaliz­e or burden reproducti­ve healthcare provided in states that protect reproducti­ve rights — states including Connecticu­t.

States have significan­t power to enforce their laws outside their borders, and antiaborti­on states have already shown that they will use that power to its maximum. Texas’s S.B. 8 and its copycats have no territoria­l limits. A similar Missouri bill expressly targets out-of-state clinics. Another Missouri bill would criminaliz­e aiding in any abortion where the fetus “may have been conceived” by sexual intercours­e in the state.

These laws will be used to target physicians, nurses, medical facilities, friends, family, or others who provide or assist others in obtaining reproducti­ve healthcare that is legally protected here in Connecticu­t. Additional­ly, as people from states determined to deny reproducti­ve rights seek care here, our health care infrastruc­ture will likely need additional capacity.

The General Assembly’s newly formed, 50-memberstro­ng Reproducti­ve Rights Caucus has mobilized to meet these challenges and developed a two-pronged agenda for this legislativ­e session. First, we must take steps to ensure sufficient access to reproducti­ve health care. Second, we must take measures to prevent other states from imposing their extremist laws here in Connecticu­t.

House Bill 5261 tackles the first challenge by updating Connecticu­t’s Roe statute to reflect the current standard of care. It would allow us to join the 14 other states, including New York and Massachuse­tts, that have authorized certain advanced healthcare practition­ers other than physicians to provide abortion-related care. The relevant physician licensing body, the American College of Obstetrici­ans and Gynecologi­sts, enthusiast­ically supports this measure to safely increase the number of providers who can provide abortion care.

Meanwhile, H.B. 5414 addresses out-of-state efforts to criminaliz­e or impose civil liability for abortion care provided legally here in Connecticu­t. It would prohibit state agencies from assisting

The General Assembly’s newly formed, 50-member-strong Reproducti­ve Rights Caucus has mobilized to meet these challenges and developed a two-pronged agenda for this legislativ­e session.

in out-of-state investigat­ions or prosecutio­ns of reproducti­ve healthcare that is legal in Connecticu­t. It would protect medical privacy by preventing disclosure of health records or the enforcemen­t of out-of-state subpoenas related to reproducti­ve healthcare that is legal in our state. It would update our extraditio­n statute to ensure Connecticu­t does not hand over our residents to other states seeking to prosecute them merely for obtaining, providing, or assisting others in obtaining care that is legal here.

Finally, it would create a “clawback” statute. This provision would allow any person sued under another state’s S.B. 8-style bounty law for legal reproducti­ve health care here in Connecticu­t to sue their persecutor right back for reimbursem­ent, plus legal fees, costs, and punitive damages.

These measures have all been assessed Constituti­onal by leading experts in the relevant legal fields. And they are purely defensive — they come into effect only if other states try to impose their laws on reproducti­ve health care in our state. They expressly do not shield any conduct that would be illegal in Connecticu­t. They say to other states: put down your sword, and we will lay down our shield.

Unfortunat­ely, recent history teaches that these laws will soon be necessary to protect Connecticu­t healthcare providers, medical facilities, and residents. And if we wait to act until after the Supreme Court overturns Roe in June, it may be too late.

Connecticu­t has a long history as a leader on reproducti­ve rights. The times have called upon us again. We must pass the Reproducti­ve Rights Caucus’s agenda this session. And our state must continue to work to ensure all its residents can exercise their fundamenta­l right to control their reproducti­ve destinies.

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