Pro-life and pro-choice supporters across the state will fix anxious eyes on the U.S. Courthouse in Philadelphia today.
Pennsylvania's abortion law -- one of the toughest in the nation before it was declared unconstitutional -- will be argued today in the U.S. Third Circuit Court of Appeals.
The three parts of the law under appeal are a spousal notification requirement, a 24-hour waiting period between the time a woman informs her doctor of her decision and the abortion, and a requirement that doctors provide information about the abortion procedure.
Provisions not being challenged include the prohibition of sex selection abortions and a ban on abortions after the sixth month of pregnancy except in cases of rape, incest or danger to the mother's life.
The law, called the Abortion Control Act of 1989, was enacted by state legislature in November 1989. A federal judge declared it unconstitutional last August because of its vague language, and the state appealed that decision.
Rep. Stephen F. Freind (R-Delaware), who drafted the act, could not be reached for comment.
The ultimate decision on the law's constitutionality may come from the U.S. Supreme Court since both pro-life and pro-choice advocates vow to appeal the Court of Appeals' decision if they disagree with it.
If it must decide the constitutionality of Pennsylvania's law, the Supreme Court will consider its implications on Roe vs. Wade, the 1973 landmark case that legalized abortion. If the court's nine justices find merit in Pennsylvania's law, Roe could be overturned, a possibility that horrifies many pro-choice advocates.
"I think that anything that limits or controls the availability of abortion is a big step backwards for reproductive rights," said Laura Grow, president of Penn State Pro-Choice. "If (pro-choice supporters) mobilize and if we get vocal, there's a good chance that we can stop something like this from being a challenge (to Roe)."
Grow criticized the three restrictions under appeal as insulting and dangerous to women.
"The spousal consent thing is about keeping women in the kitchen, you know, the whole 'love, honor and obey' idea," Grow said.
Joanne Tosti-Vasey, co-coordinator of Ni-Ta-Nee NOW, the local chapter of the National Organization for Women, agreed.
Most women inform their husbands if they choose to get an abortion, Tosti-Vasey said. Women who refuse to divulge their decision to their husbands usually do so with good reason, such as spousal battery or failed marriages, she added.
But Penn State Students for Life President Diana Deckert called spousal notification necessary, saying, "It takes two people to create this child."
Tosti-Vasey also denounced the debated law's requirement of "informed consent material" because it "terrorizes" women. The material uses scare tactics to dissuade pregnant women from seeking an abortion, she said.
But Deckert disagreed.
"Abortion is a surgery and the women need to know the risks and (facts) about fetal development," Deckert said. "It's just common sense that she should have the information before she makes that choice."
Both Tosti-Vasey and Grow found fault with the 24-hour waiting period, calling it unnecessary, since a woman who decides to have an abortion probably will not be deterred by a 24-hour delay. The ban also hurts women with limited financial resources because of the added travel expense, Grow said.
"If you're going to make women wait 24 hours, you better have a clinic that's a hell of a lot closer than two hours away," Grow added.
But Deckert said the 24-hour waiting period gives pregnant women needed time to consider their decision.
Deckert also said that she thinks pro-life supporters will not be deterred should their appeal fail.
"I think that Pennsylvania people in general are pro-life and I think that they're going to keep pushing for restrictions," she said.
Another state abortion restriction on appeal is the parental consent requirement for pregnant minors, part of the state's Abortion Control Act of 1988 that is now waiting for U.S. Supreme Court review.



