N.H. House Kills Buffer Zone Repeal Bill

The New Hampshire House has voted “inexpedient to legislate” on a bill to repeal the state’s buffer zone law. The ITL motion passed on a vote of 228-141.

Roll call is here. Note that the motion was “inexpedient to legislate,” so a Yea vote was a vote to kill the repeal bill. A Yea vote was a vote in favor of keeping the buffer zone law.

Representatives Jeanine Notter (R-Merrimack), Max Abramson (R-Seabrook), Walter Stapleton (R-Claremont), and Kurt Wuelper (R-Strafford) spoke in favor of repeal. Rep. Abramson warned his colleagues about the constitutional defects of the law in light of the McCullen decision. Rep. Notter echoed that concern, saying, “The day the buffer zone is actually posted, I guarantee that litigation will ensue, costing us millions.”

Reps. Debra Altschiller (D-Stratham) and Sandra Keans (D-Rochester) defended the buffer zone law. Rep. Altschiller called it a “thoughtfully passed” measure to “remedy the harassment.” She then said that 8 murders, 17 attempted murders, and 42 bombings presumably related to abortion had occurred since Roe v. Wade. She did not mention that these numbers did not refer to New Hampshire.

 

N.H. House Committee Rejects Buffer Zone Repeal Bill

On a vote of 14-4, the New Hampshire House Judiciary Committee voted “inexpedient to legislate” (ITL) today on HB 124, which seeks to repeal the buffer zone law. The full House will take up the bill at a date yet to be determined. [Update: House vote is scheduled for January 31.]

The law, written to give abortion facility managers authority to restrict public access to public areas, has never been used since its passage in 2014. Its clear incompatibility with the U.S. Supreme Court’s McCullen decision might be the reason. Only the abortion facility managers know for sure.

All Democrats on the committee were joined by Republicans Edward Gordon (R-Bristol) and Joe Alexander (R-Goffstown) in voting to kill the repeal effort. Voting against the ITL motion were Republicans Kurt Wuelper (R-Strafford), Gary Hopper (R-Weare), Barbara Griffin (R-Goffstown), and Mark McLean (R-Manchester).

“For me, it comes down to a free speech issue,” said Rep. McLean. “No clinic throughout the state has actually put [the buffer zone’s] provisions into play.”

Rep. Wuelper, the bill’s chief sponsor, told his colleagues before the vote, “[The buffer zone law’s] very intent is to restrict speech and religion in a public space based on the content of speech. [The law] hasn’t done any good in five years. It won’t do any good in 50 years.”

Not so, countered Rep. Paul Berch (D-Westmoreland). “Perhaps it’s had a salutary effect,” he said. “The facts that were present [when the law was passed] have not changed.” He’s right about that much: McCullen was present when the law was passed and it’s still binding precedent. Rep. Berch also said, “The law was drafted and passed after the Supreme Court decision [in McCullen].” He may have forgotten that the buffer zone law was drafted no later than the opening of the legislative session in January 2014, while the McCullen decision came down in June of that year.

“This is a church-state issue,” added Rep. Timothy Horrigan (D-Durham), saying he had documentation that one particular religious entity, the Catholic Church, opposed the buffer zone. “I am a Roman Catholic myself.” His one-religion claim probably comes as a surprise to people like Rev. Don Colageo of Immanuel Lutheran Church in Manchester, who has frequently led prayer vigils at an area abortion site. Further, said Rep. Horrigan, “There isn’t a First Amendment right to provide counseling or advocacy if you’re not licensed.”

The ITL motion was made by Rep. Debra Altschiller (D-Stratham) and seconded by Rep. Sandra Keans (D-Rochester.)

Buffer zone repeal, 2019: hearing Jan. 9

Nine New Hampshire state representatives led by Kurt Wuelper (R-Strafford) are sponsoring HB 124, a bill to repeal the state’s so-called “buffer zone” law. That law is an anti-First-Amendment measure targeting peaceful pro-life witnesses outside abortion facilities. The public hearing on HB 124 is scheduled for Wednesday, January 9, in the House Judiciary Committee at 1:00 p.m. in room 208 of the Legislative Office Building in Concord.

The committee is scheduled to vote on a recommendation to the full House regarding the bill on January 15.

Options for registering your opinion on the bill:

  • Attend the hearing. At that time you may deliver your testimony (speaking) to the committee, deliver written testimony with or without speaking, or simply sign the bill’s “blue sheet” (which will be available near the door of the committee room) to check off a box indicating support for the bill.
  • Email the committee. The Judiciary Committee page on the House web site does not currently provide a committee address, but if you email chief sponsor Rep. Wuelper at kurt.wuelper@leg.state.nh.us, he can forward your message to his colleagues. Subject line: YES on HB 124.

New Hampshire’s buffer zone law was passed in 2014, but has never been used. It authorizes abortion facility managers to determine where and when peaceful pro-life witnesses may occupy public property near abortion facilities. Maggie Hassan, then serving as Governor, signed the law despite the fact that the U.S. Supreme Court had only days before ruled a similar Massachusetts law to be unconstitutional (McCullen v. Coakley).

For background, you can consult the dedicated page compiling this blog’s reports on the buffer zone issue.


Text of HB 124 as introduced:

AN ACT repealing the law relative to the buffer zones to reproductive health care facilities.

1. Statement of Findings and Purpose.
I. The general court hereby finds that:

(a) The exercise of a person’s right to free speech is a First Amendment activity, the protection of which is paramount.

(b) RSA 132:37 through RSA 132:40 (2014, 81) would infringe on the free speech rights of innocent people.

(c) RSA 132:37 through RSA 132:40 (2014, 81), if implemented would be subject to immediate constitutional challenge.

(d) RSA 132:37 through RSA 132:40 (2014, 81) has served no public purpose.

II. Therefore, the general court hereby repeals RSA 132:37 through RSA 132:40 because if left as law, this statute will cause the state of New Hampshire to expend considerable sums defending a law which the United States Supreme Court may find unconstitutional and which has served no public purpose.

2 Repeal. RSA 132:37-132:40, relative to access to reproductive health care facilities, are repealed.

3 Effective Date. This act shall take effect upon its passage.

 

Final “Exemptions” Announced to HHS/Obamacare Mandate

The U.S. Department of Health and Human Services is issuing two final rules revising the Obamacare contraception mandate, in an effort to relieve those with religious and moral objections from compelled contraceptive insurance coverage. Not a moment too soon, either. Read Wesley J. Smith’s summary of the rules here.

HHS describes the rules:

The first of today’s final rules provides an exemption from the contraceptive coverage mandate to entities that object to services covered by the mandate on the basis of sincerely held religious beliefs. The second final rule provides protections to nonprofit organizations and small businesses that have non-religious moral convictions opposing services covered by the mandate.

The religious and moral exemptions provided by these rules also apply to institutions of education, issuers, and individuals.

The Departments are not extending the moral exemption to publicly traded businesses, or either exemption to government entities.

I’ve written at length about the Obamacare mandate that contraceptives for women be treated as “preventive” health care. The mandate was and is wrong on at least two levels: its assumption that women are broken and need to be fixed, and its attack on the First Amendment rights of employers like the Little Sisters of the Poor and Hobby Lobby who have religious or moral objections to helping provide or procure contraceptives, abortifacient or otherwise, for employees.

The new rules may be as close to a solution as can be achieved, with exemptions to the mandate now much broader than before. But there shouldn’t need to be exemptions, because the mandate shouldn’t exist.

President Trump’s Administration is right to recognize the threat to religious liberty posed by the mandate. But this president is no more likely than the previous one to back away from the public policy that treats women as things that need fixing, as though women’s fertility were a disease.

Abortion, the 1st Amendment, and Your Money: Fresh News, Same Old Story

The Trump Administration has announced a proposed rule that would prevent federal Title X family planning money from going to abortion providers. That’s “proposed.” It’s a long road from announcement to implementation. Pro-lifers are cheering as though it’s a done deal, and abortion providers are screaming as only people who’ve been hit in the wallet can scream.

Take a breath, folks. The proposed rule is good news. It would protect taxpayers from involvement in the abortion industry. But the rule is not in place yet, and may never be. Continue reading “Abortion, the 1st Amendment, and Your Money: Fresh News, Same Old Story”