By Tim Mastro

As local and national leaders convened virtually Thursday night to discuss the future of reproductive rights and abortion access in Delaware, their next showdown could be as soon as this Tuesday.

Seaford City Council is set to vote Tuesday at its 7 p.m. meeting on an ordinance that would establish a process for “dignified” disposal of fetal remains after abortions within city limits. The vote was originally tabled in mid-October due to legal threats from the American Civil Liberties Union and the Delaware Attorney General’s Office.

Seaford’s proposal came as Planned Parenthood of Delaware opened its newest clinic, off Bridgeville Highway in Seaford — its first clinic in Sussex County since 2011.

PPDE has stated its opposition to Seaford’s proposal, saying it conflicts with state law and the constitutional right to access abortion care.

“We’re confident the ordinance has clear legal issues that would cause it not to stand up in court,” Planned Parenthood of Delaware president Ruth Lytle-Barnaby said. “But we would certainly not like to go down that route if possible.”

Ms. Lytle-Barnaby was joined by representatives from ACLU National, ACLU of Delaware, Black Mothers in Power, and Delaware NOW (National Organization for Women) in an hour-long panel Thursday, sharing what those organizations can do to protect and expand reproductive rights and access to reproductive health care in Delaware.

The webinar came just over a week after the U.S. Supreme Court heard arguments on a 15-week abortion ban from Mississippi. Abortion rights activists say the 1973 Roe v. Wade decision, guaranteeing a right to abortion, is at serious risk of being overturned, pointing to the Mississippi case and a recent Texas law outlawing abortion after six weeks.

“Make no mistake — anti-abortion politicians will try to push a nationwide ban,” said Lorie Chaiten of the ACLU’s Reproductive Freedom Project.

Delaware has taken steps to secure access to reproductive healthcare in recent years.

Earlier this year, legislators repealed outdated provisions in state law that criminalized abortion but had not been applied in at least half a century because they were superseded by Roe v. Wade. The state also codified Roe v. Wade into state law back in 2017, which will ensure abortion access in Delaware regardless of what happens nationally.

“We know that’s going to make a difference for not just Delawareans, but people from other states seeking abortions,” Ms. Lytle-Barnaby said.

Ms. Lytle-Barnaby added there are several areas where Delaware could improve its access to reproductive health care.

The first she said was expanding abortion providers. Currently, Delaware only allows doctors to perform abortions. Ms. Lytle-Barnaby said PPDE would like to see advanced practice nurses and physician assistants also be able to perform medical abortions in the state, as is the case in 14 other states and the District of Columbia.

Ms. Lytle-Barnaby said PPDE and its partners are hopeful to bring this up at the next General Assembly session.

A second subject reproductive rights activists hope to tackle in the near future is trying to build support for Medicaid to pay for medically necessary abortions. Ms. Lytle-Barnaby said this is further away than expanding abortion providers but is hopeful to see some new legislation in the next few years.

She also added another goal is for the state to restrict crisis pregnancy centers. These centers are set up near abortion clinics, and Ms. Lytle-Barnaby said they are not always truthful or properly trained to do ultrasounds and pregnancy tests.

She said in some instances they produce false ultrasounds, hide access to all medical information and tell women they are further along in their pregnancy than they actually are. Ms. Lytle-Barnaby called these centers “deceptive and dangerous”

“It’s basically practicing medicine without a license,” she said.