All posts by Ellen Kolb

New Hampshire-based writer, pro-life activist, hiker.

Dispute Over Fetal Homicide Bill

Five months after its introduction and first hearing, four months after its passage in the New Hampshire Senate, three months after its House hearing, and days after its House passage, language has been discovered in a fetal homicide bill that allegedly would permit assisted suicide and allow pregnant women to get away with murder.

House and Senate are scheduled to vote on a “fix” for that drafting error on Thursday, June 22. [Update, 6/22: both chambers voted to correct the error.]

New Hampshire Right to Life has made its objections to the bill public, based on other grounds: the fact that this fetal homicide bill would apply only in cases of pregnancies at or after the 20th week.

I have not heard any comment on either point from the bereaved families who have promoted fetal homicide legislation. [Update: see comment below from the grandfather of Griffin Donald Kenison.]

Anyone who wants SB 66 to be a personhood bill and is dissatisfied with the 20-week language now has another crack at House and Senate before June 22. In the event that SB 66 is killed, the retained HB 156 would remain open for further work and a 2018 vote on fetal homicide policy.

Whatever happens, I hope one question finds its way into the conversation: would SB 66 have allowed the New Hampshire Supreme Court in its 2009 Lamy decision to have upheld the defendant’s homicide conviction in the death of Dominick Emmons? The Court has the right to issue an advisory opinion on that.*

If SB 66 fails to address Lamy, then somehow the sponsors and the grieving families  have been wrong all this time about the bill’s purpose.

I don’t believe they’ve been wrong. Assuming no new news breaks abut the bill between now and June 22, I’m going to ask my reps to vote “yes” on correction to the drafting error in SB 66,** and to send the bill to the Governor’s desk.


*From the New Hampshire Constitution, under “Judiciary Power”:

[Art.] 74. [Judges to Give Opinions, When.] Each branch of the legislature as well as the governor and council shall have authority to require the opinions of the justices of the supreme court upon important questions of law and upon solemn occasions.

** Statement by Speaker of the House Shawn Jasper, from the House Calendar (vol. 39, #29) for the June 22 session, boldface added:

“Also in this House Calendar is an enrolled bills amendment that the full House will vote on during session. An enrolled bills amendment is a legislative device that we use in New Hampshire to clean up errors in the legislative drafting process. We typically adopt these amendments when the House is in recess by having the Clerk meet with two members and having a session where a member fills in ‘the chair’ and another member moves and adopts the amendment. (We also introduce bills, form committees of conference, and read enrolled bills reports in these sessions.) SB 66 had a drafting error that did not express the intent of the General Court when both bodies passed the bill, and as such (and as is proper) an enrolled bills amendment to clarify the intent has been drafted. Because of the rather political nature of this bill (SB 66, including a fetus in the definition of ‘another’ for purposes of certain criminal offenses), I have decided that the full House will take up the amendment in session this coming week.”

Prayer and Discernment at Upcoming Retreat

The next 40 Days for Life campaign will begin on September 27, and applications are being accepted through June 23 from potential campaign leaders. Coincidentally, here in New Hampshire, the leader of the most recent 40DFL campaign in Concord is inviting people to join her on June 17 in a morning of retreat and prayerful discernment.

Beth Gaby has arranged the retreat in Concord, calling it Seeds of Grace. It’s happening tomorrow, but she still welcomes inquiries for more information (concord40dfl@gmail.com).

As an explicitly Christian ministry within the broad pro-life movement, 40DFL is founded on prayer. This retreat reflects that, with Mass and a rosary on the schedule as well as scripture study.

“Our goal…is to discern and map out a plan to grow a culture of Life in the greater Concord area.” Beth writes.

The retreat will be a time of calm, quiet, and reflection. No politics, no devices. I will not be live-tweeting the homily. (You’re welcome.)

Please, be with the participants in spirit and prayer on Saturday morning, even if you aren’t in attendance yourself.

Reblogged from Kansans for Life: Abortion Group Denounces Sports Team For Pro-Life Ads

(Note: This post is from the Kansans for Life blog, reporting on a Major League Baseball team under fire from abortion advocates for accepting advertising from the Vitae Foundation, a pro-life advocacy group. -EK)

Under the heading, “Kansas City Royals, stop lying about abortion,” an online petition group, Ultraviolet, is currently urging its followers to contact the baseball team to “cut ties with the Vitae Foundation” for “promoting extreme anti-choice propaganda” to women and children. This pro-abortion campaign comes on the heels of a successful campaign to censor pro-life […]

via Abortion groups fight KC Royals

Situational Personhood

During the debate preceding the recent vote on the fetal homicide bill, one New Hampshire state representative made her way to the House gallery to hand me a thick bundle of stapled papers. She pointed out the top page to me, and then left without further comment to take her seat on the House floor.

The bundle was an amendment to a Commerce bill that had just been voted on. The topic was trusts, basically property, and the protection and conveyance thereof. Check out the words that pass without controversy when the subject is trusts.

Unborn person.
Ironically, at the moment I read that, a representative was making a speech cautioning that a fetal homicide law would confer personhood on the fetus. No word on whether she takes issue with the term “unborn person” as it applies to trust law.

Legislation addressing unborn victims of violence is not personhood legislation. If it were, with nearly 40 states and the federal government having one or another form of a fetal homicide law, Roe v. Wade would have been kicked to the curb long ago.

The irony meter jumped up another notch as the omigosh-not-personhood politician at the microphone switched between “fetus” and “baby” as she spoke against the bill.

I’d like to think she’s teetering on the edge of a revelation, for all her thus-far adamant abortion advocacy.

 

Postscript to House vote on SB 66: the Naysayers

Steve MacDonald over at Granite Grok was blunter than I after the SB 66 vote in the House: “NH Democrats Defend the Right to End a Woman’s Pregnancy Against Her Will.” That’s harsh, but tough to refute, especially in view of all of the day’s roll calls on the bill – not just the main one.

As promised in my report on the SB 66 vote in the New Hampshire House, here’s the list of state representatives who made it clear that they want no part of anyone’s fetal homicide bill.  Two Republicans and one Libertarian are on the list along with 141 Democrats.

One can argue that there was no single “clean” vote among any of the six roll calls on the bill. Using all six, though, it’s fair to assess opposition to the concept of fetal homicide in general and SB 66 in particular. Each of these reps:

The representatives are listed below by county. All are Democrats except for Libertarian Joseph Stallcop and Republicans Carolyn Gargasz and Neal Kurk.

Belknap County

David Huot.

Carroll County

Thomas Buco, Edward Butler, Jerry Knirk.

Cheshire County

Michael Abbott, Richard Ames, Paul Berch, John Bordenet, Daniel Eaton, Barry Faulkner, Donovan Fenton, Cathryn Harvey, Douglas Ley, John Mann, David Meader, Henry Parkhurst, William Pearson, Marjorie Shepardson, Joseph Stallcop, Bruce Tatro, Lucy Weber.

Coos County

Larry Laflamme, Wayne Moynihan, Yvonne Thomas, Edith Tucker.

Grafton County

Susan Almy, Polly Campion, Roger Dontonville, Patricia Higgins, Timothy Josephson, Kevin Maes, Mary Jane Mulligan, Sharon Nordgren, Steven Rand, Suzanne Smith, George Sykes, Andrew White.

Hillsborough County

Jessica Ayala, Robert Backus, Jane Beaulieu, Amanda Bouldin, Shannon Chandley, Skip Cleaver, Patricia Cornell, David Cote, Daniel Sullivan, Linda DiSilvestro, Joel Elber, Armand Forest, Mary Freitas, Carolyn Gargasz, Ken Gidge, Jeff Goley, Suzanne Harvey, Mary Heath, Christopher Herbert, Janice Schmidt, Marty Jack, Amelia Keane, Mark King, Patricia Klee, Neal Kurk, Peter Leishman, David Lisle, Mark MacKenzie, Latha Mangipudi, Jonathan Manley, Joelle Martin, Richard McNamara, Michael O’Brien, Richard O’Leary, Patrick Long, Marjorie Porter, Carol Roberts, Cindy Rosenwald, Kendall Snow, Catherine Sofikitis, Timothy Smith, Robert Walsh, Connie Van Houten, Kermit Williams.

Merrimack County

Caroletta Alicea, Christy Bartlett, Clyde Carson, David Doherty, Karen Ebel, Mary Gile, Howard Moffett, Paul Henle, James MacKay, Linda Kenison, David Luneau, Mel Myler, Chip Rice, Beth Rodd, Katherine Rogers, Dianne Schuett, Steve Shurtleff,  Alan Turcotte, Mary Beth Walz, David Woolpert.

Rockingham County

Debra Altschiller, Skip Berrien, Michael Cahill, Jacqueline Cali-Pitts, Renny Cushing, Charlotte DiLorenzo, Michael Edgar, Paula Francese, Tamara Le, Dennis Malloy, Rebecca McBeath, Mindi Messmer, Kate Murray, Pamela Gordon, Ellen Read, Peter Somssich, Gerald Ward.

Strafford County

Peter Bixby, Wayne Burton, Jacalyn Cilley, Donna Ellis, Isaac Epstein, Sherry Frost, Chuck Grassie, Timothy Horrigan, Sandra Keans, Hamilton Krans, Marjorie Smith, Lin Opderbecke, Peter Schmidt, Jeff Salloway, Catt Sandler, Judith Spang, Dale Sprague, Kenneth Vincent, Janet Wall.

Sullivan County

John Cloutier, Raymond Gagnon, Suzanne Gottling, Virginia Irwin, Lee Oxenham, Andrew Schmidt, Linda Tanner.


N.H. House Approves Fetal Homicide Bill, SB 66

After lengthy debate and four preliminary roll call votes, the New Hampshire House on June 1 voted 186-170 to approve fetal homicide legislation. SB 66 now goes back to the Senate for expected concurrence with a House amendment. From there, the Governor’s desk awaits.

Roll call on SB 66, main motion of Ought to Pass with Amendment

I need to write some thank-yous to my reps. Maybe you do, too.  Continue reading N.H. House Approves Fetal Homicide Bill, SB 66