Pennsylvania's abortion legislation goes into effect today, banning abortions after the 24th week of pregnancy -- except when the mother's health is endangered -- and those performed strictly for sex selection. Medical use of fetal tissue also will be restricted.
In November, Pennsylvania gained national attention as the first state to pass abortion restrictions since the Supreme Court's July ruling. And until Thursday, many thought the legislation, deemed the most stringent in the country, would stand unchallenged.
But U.S. District Judge Daniel H. Huyett issued an injunction stalling two of the legislation's most stringent requirements: a 24-hour waiting period and spousal notification.
If these two segments of the legislation should go into effect, a woman will have to wait 24 hours before having an abortion, and doctors will be required to review with the woman the age of the fetus, medical risks involved with the procedure and alternatives to the procedure. And, except in certain circumstances, women will be required to notify their husbands before having an abortion.
Pro-choice advocates are calling the injunction a victory. The ruling "is an important first step in the battle to preserve women's rights to choose abortion in Pennsylvania," Thomas E. Zemaitis, an attorney speaking on behalf of the Women's Law Project in Philadelphia, told the Associated Press Thursday.
"For today, at least, the right to safe abortion remains secure in Pennsylvania," he said.
Pro-choice attorneys believe the injunction will remain in effect until the case is resolved. Until then, the 24-week requirement and the ban on abortions for sex selection will go into effect, while the other two guidelines continue to be debated.
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Last November, Dr. Lamar Ekbladh, chairman of obstetrics and gynecology at the University's Milton S. Hershey Medical Center, said although the legislation creates more hassles for hospitals and clinics, the greatest impact will be on women who want abortions.
Hershey's abortion policy differs from clinics in the state because Hershey only performs abortions when the mother's health is at risk or when the fetus is severely malformed. Clinics perform elective abortions.
The segments of the legislation enacted today should not drastically alter Hershey's or the clinics' abortion procedures because abortions are rarely performed after the 24th week or for sex selection, he said.
If the injuncted segments should ever go into effect, abortion procedures would change for these medical institutions, making it more difficult for women in the state to get an abortion, said some employees at Pennsylvania abortion clinics.
Voicing the concerns of many clinic administrators and employees, Nancy Datres, an administrator at Harrisburg Reproductive Health Services, said, "They (legislators) can't come right out and ban abortion. They are making it difficult for clinics in hopes that we will all just disappear."
Pro-life supporters, however, say the bill is designed to benefit women. Garnett Biviano, president of Pennsylvania's Pro-life Federation, said, "If (pro-choice supporters) look and see how many women have been abused by the abortion industry, they would be grateful Pennsylvania legislators had the courage to pass legislation."
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Peggy Ross, director of educational programs at Hillcrest Women's Medical Center, in Harrisburg and York, said some legislators think women cannot make up their minds and it would be insulting to have to wait 24-hours before having an abortion.
And while legislators place restrictions on abortion, they have not tried to pass legislation concerning pre-natal care or child care to support women who may no longer choose the option of an abortion, Ross added.
Datres agreed, noting that women would then have to travel to a clinic twice, first to ensure all the risks have been reviewed and 24 hours later to have the abortion.
For women who live far from the clinic, travel would create an added expense and could cause loss of income if the woman misses work, she said.
Ekbladh said the 24-hour wait could also impact Hershey because patients travel to Hershey from other areas of the state or even from out of state.
"It is not necessarily kind to the patient to make her go through that," he said.
But pro-life supporters like Biviano said the 24-hour wait is not too long, noting that wait periods in other states have helped end sloppy procedures and profiteering in abortion clinics.
The 24-hour wait allows the woman to ingest the information, Biviano said. If she needs financial aid the wait period will allow her time to ask about it, Biviano said. It also allows the woman to check into the clinic's legal and medical reputation, she said.
No abortion clinics are located in State College. University students who choose to have abortions usually go to one of the two clinics located in Harrisburg, said a spokeswoman for the Women's Resource Center, 140 W. Nittany Ave.
Physicians would be required to inform the patient about the nature of the procedure, risks and alternatives. Additionally, a counselor or physician would have to provide information regarding alternatives, medical assistance for pre-natal care and childbirth.
"It does not make sense to have to explain this to a woman who has decided to have an abortion; it's cruel," said Sylvia Stengle, director of the Allentown Women's Center.
But Biviano said not providing the information implies, "Don't bother her pretty little head with more facts." A person needs to know about the procedures, she said, adding that abortion is an elective surgical procedure.
Diana Deckert, member of Penn State Students for Life, added that for all other medical procedures people must first be told about the procedure before having the operation. The legislation, she said, "is protective for the woman."
Scott Trace, also a member of Penn State Students for Life, asked, "Why wouldn't they (pro-choice) want to give information to a woman who is making a decision about abortion? It is like the other side has something to hide."
Stengle noted that laws do not outline what doctors are required to tell patients about the risks of other medical procedures.
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A third part of the legislation blocked by last Thursday's injunction would require a woman to obtain written consent from her spouse before an abortion.
Approval is not required if a woman's spouse is not the father of the child, her spouse cannot be located, the pregnancy is a result of spousal sexual assault or the woman has reason to believe the notice may incite spousal violence.
Ross said a majority of married women tell their husbands before an abortion anyway, but for those women who do not have a compatible relationship with their husbands, this legislation would create hardships.
Stengle added, "Coerced conversation does not build a good family."
But pro-life supporter Biviano said "conversation could make things better." If women are ready to demand equal rights then "it's a double standard to step back and decide to end a life without the husband's consent."
Deckert said, "The baby is half the father's. He should know."
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The restriction barring women from having abortions after the 24th week should not threaten the way state clinics and hospitals will operate, Ross said. Of 5,786 abortions performed in the state last year, only 128 were performed beyond the 23rd week, she said.
"Obviously the 24-week cutoff will affect very few people," she said. "And the few it does affect it will be devastating."
Three of 140 abortion facilities in the state, including hospitals, indicated they do not perform abortions beyond the 24th week.
The Allentown clinic does abortions between the seventh and 14th weeks, Hillcrest in Harrisburg and York between the sixth and 14th weeks, and the other Harrisburg clinic between the eighth and 17th weeks.
But Biviano said while many pro-choice supporters continue to say few or no people will be affected, statistics cite abortions after the 24th week. People are not looking at the figures as individuals, she said.
Ekbladh said the safest time for a woman to have an abortion is between the 10th and 12th weeks, during the first trimester.
Because Hershey performs abortions only when the mother's health is threatened or the fetus is severely deformed, some patients there do not abort until early in the second trimester since they must weigh the risks of the pregnancy against the decision to abort.
Abortions after the 24th week, Ekbladh said, become much more complicated. The increased size of the fetus and uterus can cause bleeding in the woman, he said.
However, Ekbladh noted that the mother's risk from childbirth is much greater than that from an abortion performed before the 24th week.
According to a fact sheet from the American College of Obstetricians and Gynecologists, the risk of a mother dying from childbirth is seven times greater than the risk of dying from an abortion. The sheet also said the mortality rate from abortion has declined significantly since 1973 -- from 4.1 percent per 100,000 procedures compared with 0.5 percent per 100,000 in 1981.
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Although health professionals are disturbed by these restrictions, many are concerned because neither the federal nor state governments funnel money into medical assistance for poor women.
The bill is biased against poor women who do not have money for an abortion, Ekbladh said.
"It makes it harder for a person who already has it hard," he said.
Just because a woman cannot acquire money does not mean she will not find a way to have an abortion, Ekbladh said. As an example, he said poor women in many large cities are using cocaine to induce abortion.
Pro-life supporter Trace (junior-sociology) said he has visited two clinics in the past year -- one in Pittsburgh and one in Harrisburg. Of most of the women he has seen at the clinics, most are young. "I've seen a few blacks," he said. "The news makes it seem like poor, black women are the only ones going in," he said.
In 1987, former President Ronald Reagan banned federally funded family planning clinics from counseling clients about abortion. During the 1987 fiscal year, more than 4,000 clinics received a total $142.5 million.
During the early 1980s the state cut medical assistance for most abortions, requiring all women to pay for the procedure themselves. Now, those who perform abortions and pro-choice supporters alike are upset because the Supreme Court's Webster vs. Reproductive Health Services decision has further limited poor people by upholding the right of states to ban abortions in public facilities, according to Newsweek.
However, Pennsylvania did not elect to do this. Some financial assistance is available to poor women who want to have abortions. The Harrisburg clinic provides women on medical assistance a $50 discount on the standard $250 fee, Datres said.
The Allentown clinic also reduces fees for women who demonstrate poverty, Stengle said, adding about 10 percent of the patients are on welfare.
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The judge's injunction, while praised by pro-choice activists, may serve as a vehicle to take Pennsylvania's legislation to the Supreme Court for pro-life advocates.
"I feel really sad that the anti-choice people's beliefs have been heard (by the government)," Datres said. "We were complacent thinking the Supreme Court would protect us," she added.
Biviano countered, "Before people react to the bill and go into hysterics, they should read the bill . . . it is logical and rational."
Stengle added, "(This) law was designed to be a vehicle to go to the Supreme Court so Roe vs. Wade would be challenged. The thing it does most is insulting and degrading to women."



