Davis legislator Ray drops fetal-pain bill

Constitutional concerns have prompted a conservative Davis County lawmaker to abandon a controversial abortion bill.

Rep. Paul Ray, R-Clearfield, has decided not to pursue his fetal-pain bill, which failed to pass earlier this year amid strong opposition from organizations such as Planned Parenthood and the Utah Medical Association.

Ray vowed to reintroduce the bill, which would have required doctors to tell women considering an abortion that the fetus might feel pain and to make available information about anaesthesia that could alleviate such pain.

A deeper look at the legislation, however, has revealed possible constitutional conflicts, Ray said Thursday.

"We're concerned that there could be a couple of constitutional issues there," he said. "I just don't think it's prudent at this point."

In debate on the bill this year, opponents to the fetal-pain bill questioned not only the constitutionality of the measure, but also the science behind Ray's claims that fetuses began to feel pain at 20 weeks. Several physicians testified they would not know how to administer anesthesia, a requirement under Ray's bill if the woman chose it, in a way that would not harm the mother.

"I'm glad he's finally acknowledged that there may be some constitutional — or actual medical and scientific problems — with that bill, that's great to hear," said Karrie Galloway, executive director of Planned Parenthood of Utah.

Galloway was not pleased, however, with Ray's decision to put his efforts instead in another bill that that would instantly ban abortions in the state if the U.S. Supreme Court overturns Roe v. Wade. The 1973 decision legalized abortion nationwide.

"I just think this other bill that I'm working on is probably the better piece of legislation, to be quite honest with you," Ray said Thursday.

Ray has said the legislation, which is still being drafted, is necessary to put the state in a position to act immediately to prevent a "rush of abortions" in the period of time between the issuance and implementation of any Supreme Court ruling.

Such a statement is ridiculous, Galloway said.

"I find it amazing that legislators like Paul Ray are willing to put all of their energy into something like a trigger bill, which is so disrespectful to women in insinuating that it needs to be there because women would rush out and get abortions in a time lag," she said.

A more effective use of energy, Galloway said, would be in passing legislation to prevent unwanted pregnancies. For the 10th year in a row, Planned Parenthood in 2007 will push for legislation that would require Utah insurance companies to extend contraceptive coverage to women.

"We wouldn't let a year go by without being the conscience of reproductive health at the Legislature," she said.

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