Abortion ultrasound bill debated in Delaware Senate committee

By Matt Bittle
Posted 5/12/21

DOVER — Legislation that would require a doctor to offer a patient ultrasound imaging of a fetus before performing an abortion was heard in committee Wednesday.

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Abortion ultrasound bill debated in Delaware Senate committee

Posted

DOVER — Legislation that would require a doctor to offer a patient ultrasound imaging of a fetus before performing an abortion was heard in committee Wednesday.

The Senate Legislative Oversight & Sunset Committee did not vote on the measure, with the chairwoman promising to hold the bill for a few more days to allow members of the public to submit written comments, but the Democratic-controlled panel is basically certain to block the measure.

Wednesday’s committee hearing was contentious at times, with a few senators going back and forth about whether there was sufficient notice for the meeting and what the impact of the legislation would be.

Senate Bill 108, sponsored by Sen. Bryant Richardson, R-Laurel, would impose a misdemeanor penalty on a doctor who does not ask a patient if she wants to view a fetal ultrasound before an abortion. The woman would be free to deny the request.

Sen. Richardson, a fervent opponent of abortion, has introduced similar bills in prior legislative sessions. None of them advanced.

“I’m very concerned because children are dying, women’s lives are being ruined, and there are solutions to this,” he said.

The bill will ensure women are aware of the risks of abortion and will save lives, he said.

“A lot of women will decide to keep the child if they see the development of the child on the ultrasound screen,” he told colleagues.

Six members of the public spoke on the proposal, with five strongly objecting. Several individuals noted the American College of Obstetricians and Gynecologists does not recommend requiring an ultrasound be offered, with one doctor describing the proposal as coming between she and her patients.

Doctors already must have their patients’ best interests in mind, said Dr. Margaret Chou, an OB-GYN with ChristianaCare. The bill, she told the committee, is unnecessary and overly burdensome.

Javonne Rich from the Delaware chapter of the American Civil Liberties Union had a similar view: “It seems that the sole purpose of this legislation is to shame and intimidate people seeking abortion service.”

After Sen. Richardson compared abortion to slavery, describing both as clear “moral wrongs,” Sen. Marie Pinkney, D-New Castle, fired back. Saying she was insulted by his comment, Sen. Pinkney accused Republican lawmakers of trying to “guilt trip” women into giving birth, even when they cannot financially support a child.

In response to Sen. Richardson decrying the fact that the United States allows abortion after 20 weeks, Sen. Pinkney noted such procedures really only happen if there is a serious medical issue.

“It’s not because they simply don’t want to have a child. It’s not because they simply woke up that morning and decided on a whim they’re ready to terminate a pregnancy,” she said.

A significant part of the hourlong hearing was spent with Sen. Richardson and the chairwoman, Sen. Kyle Evans Gay, debating whether the bill should be heard Wednesday. Saying he was unprepared to present, Sen. Richardson requested the proposal be heard another day.

But Sen. Gay, D-Talleyville, shot down that ask, noting that a previous March hearing was rescheduled.

In response to Sen. Richardson’s claims about a lack of adequate public advertisement, Sen. Gay pointed out that the hearing was scheduled a week ago. When Sen. Richardson objected that he had a conflict with the Senate Banking, Business & Insurance Committee, Sen. Gay questioned why he didn’t ask to move the abortion bill hearing ahead of time.

“I won’t have the process manipulated in a way that just prolongs a hearing,” she said.

The two went back and forth throughout the meeting over whether the public had a chance to learn about the bill, while also disagreeing if the legislation would require any ultrasounds be performed transvaginally.

To Sen. Richardson, the fact that a previous version of the bill drew 47 supporters — 46 more than Wednesday's hearing did — is evidence many otherwise interested Delawareans were unaware of the meeting. Abortion is a “life-or-death decision,” he said, urging senators to give children a chance.

A conclusion about whether to release the legislation to the full chamber is expected Friday.

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