The Minnesota House on Monday, March 20, approved the Reproductive Freedom Defense Act, a bill that would protect those who obtain abortions in the state from legal action from other states where the procedure is illegal.
After federal protections against abortion ended last summer, when the US Supreme Court ruled in Roe v. Wade, many Republican-controlled states moved to impose new restrictions on abortion. Some states, including Iowa, are considering legislation inspired by Texas’ six-week abortion ban that would allow private individuals to sue people who want an abortion.
At a press conference ahead of the House vote, the Democratic Farmer Labor lawmakers supporting the bill said the state must act before challenges to Minnesota’s out-of-state abortions become a reality.
“As Minnesotans, we cannot stand by and do nothing,” said house sponsor Esther Agbaje, DFL-Minneapolis. “The type of health care they can provide, and whether they will be prosecuted for providing patients with the reproductive health care they need, is a deterrent to providers.”
What the bill would do
If the law becomes law, it would prohibit the Minnesota courts from enforcing or satisfying another state’s civil judgment against someone who is having or participating in an abortion. It would also protect against criminal prosecution.
Members of the House of Representatives voted 68-62 to pass the bill Monday afternoon after about an hour of debate. Republicans expressed concerns that the law would harm the “rule of law” by preventing other states from taking action on their abortion restrictions.
“Abortion is already legal in the state of Minnesota. This bill doesn’t change that,” said Rep. Anne Neu Brindley, R-North Branch. “All it means is criminals in another state can just come to Minnesota, we’ll take you with us.”
Minnesota has become a virtual abortion access island in the Upper Midwest. Abortion is now illegal in almost all cases in Wisconsin and South Dakota. North Dakota had a near-total ban “trigger law” tied to Roe’s end, but a judge blocked it and the state Supreme Court ruled last week that the ban cannot be enforced.
Abortion remains legal in Iowa, although in 2022 that state’s Supreme Court nullified a constitutional right to abortion, paving the way for Republicans to pursue further restrictions.
Patients from countries outside the region
Since Minnesota is an abortion paradise, Dr. Sarah Traxler, chief medical officer of Planned Parenthood North Central States and OB-GYN, said she’s seen more patients from states outside of the region.
“I’ve often taken care of patients from nearby states like Dakotas or Wisconsin, but now for the first time I’m regularly seeing patients from Texas, Alabama, Wyoming, Oklahoma, Louisiana and the list goes on and on,” she said. “It’s only going to get worse as we see more states adopt Texas-style aid laws.”
While the Supreme Court’s 1995 decision in Doe v. Gomez, ensures a constitutional right to an abortion, DFLers said they didn’t want to take protection for granted.
The Reproductive Freedom Defense Act, passed by the House of Representatives on Monday, is another DFL bill aimed at strengthening protections for abortion access. DFL lawmakers and Gov. Tim Walz vowed to protect access to abortion in Minnesota after the U.S. Supreme Court ruled Roe v. Wade had picked up.
DFL members won complete control of the state government in November’s elections and have taken swift action to strengthen abortion protections in the state.
Just a month into the 2023 session, Walz signed the Protection of Reproductive Options Act into law, codifying protections from abortion into state law. DFL executives say voters sent a clear message that abortion was a top issue in the election and quickly got that bill on the governor’s desk.
Under this law, Minnesota recognizes the right to seek or refuse reproductive health care, the right to continue a pregnancy and to give birth, or to have an abortion. It also prevents local governments from enacting birth control or abortion regulations.
Other bills move through the legislature
A Ramsey County district judge in July threw out several Minnesota laws restricting abortion, including a 24-hour waiting period and requiring minors to notify both parents before receiving the procedure. Democratic Attorney General Keith Ellison, who supports abortion rights, declined to appeal the case, although an independent group has appealed the verdict.
There are other DFL-backed bills that would go through the legislature that would further codify access to abortion, including proposals to remove the waiting period and notification requirements from state law.
DFL MPs have also said they would consider putting a constitutional amendment on abortion on the ballot.
Voters in California, Michigan and Vermont all approved measures to create constitutional abortion rights last year.
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