Despite ruling, abortion to remain legal in Delaware

By Mike Finney and Glenn Rolfe
Posted 6/25/22

DOVER — The U.S. Supreme Court’s overturning of Roe v. Wade Friday will not affect access to abortions in Delaware.

For nearly 50 years, there had been constitutional protections for …

You must be a member to read this story.

Join our family of readers for as little as $5 per month and support local, unbiased journalism.


Already a member? Log in to continue.   Otherwise, follow the link below to join.

Please log in to continue

Log in

Despite ruling, abortion to remain legal in Delaware

Posted

DOVER — The U.S. Supreme Court’s overturning of Roe v. Wade Friday will not affect access to abortions in Delaware.

For nearly 50 years, there had been constitutional protections for abortion across the nation. The ruling now means that abortion bans may be put in place in nearly half the states, the Associated Press reported.

“This is a tremendous victory for unborn children and their mothers,” said Nicole Theis, president of the Delaware Family Policy Council. “States can now affirm without restraint that life is a human right, and ensure that women have greater access to the support and resources they need and deserve.”

“We were told for decades that Roe was a ‘settled issue’ in American law and culture. This was a lie. The Roe v. Wade decision, which in effect legalized abortion in all 50 states with no constitutional grounding, was one of the worst cases of judicial activism in our country’s history, that left over 60 million dead in its wake.”

Defenders of abortions rights in Delaware were upset with the ruling.

“Today’s decision is crushing for our nation but make no mistake – this fight isn’t over,” said Lt. Gov. Bethany Hall-Long, a Democrat who has served as a nurse for more than three decades. “We must not and will not back down. The future of our health depends on it.”

State Sen. Bryant Richardson, R-Seaford, has been vocal in his opposition of abortions in the Democratic-controlled Delaware legislature.

“First of all, I was glad that it was a 6-3 decision,” said Sen. Richardson Friday. “That two-thirds of the U.S. Supreme Court knows the value of human life and appreciates the value of human life, to me, is very encouraging.

“Unfortunately, in Delaware it really doesn’t change things, at the present.”

In the first year of Donald Trump’s presidency, Delaware became the first state to codify the right to an abortion.

Delaware Gov. John Carney, a Democrat, signed legislation that guarantees the right to an abortion before a fetus is deemed “viable” in the opinion of a physician.

The law also allows an abortion for the protection of a woman’s life or health, or when there are unusual or unexpected conditions in a baby’s development during pregnancy.

Delaware law also requires the parent of a minor younger than 16 to be notified before an abortion is provided. Health professionals are allowed to waive parental involvement in limited circumstances.

This spring, Gov. Carney signed a bill that would allow physician assistants and advanced practice registered nurses to prescribe abortion-inducing medications.

Currently, House Bill 455 awaits action in the Delaware Senate.

It would allow physician assistants, certified nurse midwifes and certified nurse practitioners to perform abortions before viability. Additionally, it includes legal protections for abortion providers and patients, including out-of-state residents receiving abortions in Delaware.

“One of the significant things about the (Supreme Court’s) decision is that the case that they were hearing was for a 15-week ban, so pre-viability,” said Sen. Richardson. “That’s very significant. Texas has the heartbeat bill. Some other states almost completely outright ban abortions. Unfortunately, in Delaware, if we don’t change the laws, Delaware will become an abortion destination. That really grieves me.”

Delaware majority party leaders in the House of Representatives sent out a statement about the overturning Friday. It was signed by Speaker Pete Schwartzkopf, Majority Leader Valerie Longhurst, Majority Whip Larry Mitchell, Rep. Debra Heffernan and Rep. Melissa Minor-Brown.

“We in Delaware saw the writing on the wall a few years ago and began taking decisive action to codify the protections of Roe in our state code, protecting the right to an abortion in the event that the Supreme Court overturns the decision,” the joint statement said.

“While we mourn the dismantling of Roe, we will continue to explore ways to further enshrine these protections and increase access to reproductive healthcare.”

In 2019, there were 2,042 abortions performed in Delaware in 2019 – 1,765 to residents, and 277 to nonresidents, according to data from the state’s Department of Health and Social Services.

Staff writer Joe Edelen and Executive Editor Andrew West contributed to this story.

Members and subscribers make this story possible.
You can help support non-partisan, community journalism.

x
X