THE cold, thinly populated state of North Dakota is trying to enact the toughest abortion restrictions in the US but it may soon find itself in a costly battle over legislation that opponents describe as blatantly unconstitutional.
Legislators on Friday took a step toward outlawing abortion altogether in the state by passing a resolution that says a fertilised egg has the same right to life as a person. The approval sends the matter to voters, who will decide whether to add the wording to the state's constitution in November 2014.
It's one of several anti-abortion measures to pass the Legislature. Most are awaiting the signature of Republican Governor Jack Dalrymple, who hasn't yet indicated whether he supports them. Even if he vetoes them, some could have enough support for the Legislature to override him.
Supporters of the measures hope to challenge the US Supreme Court's landmark Roe v. Wade ruling in 1973 that legalised abortion up until a foetus is considered viable, usually around 22 to 24 weeks into a pregnancy. They also acknowledge they want to shut down the state's only abortion clinic for its 700,000 residents.
"I'm from the group who hates voting on abortion issues and who don't like to play God," said state Sen. John Andrist, a Republican who describes himself as "moderately pro-life" and has voted for some but not all of the restrictions North Dakota has taken up this year. "But we have some strong-willed people in this state who do."
One bill would prohibit abortion if a fetal heartbeat can be detected, which can happen as early as six weeks into a pregnancy. Another would make North Dakota the only state to prohibit women from having the procedure because a fetus has a genetic defect, such as Down syndrome.
Though similar proposals in other states have faced fierce opposition, almost all of the anti-abortion measures in North Dakota this year have passed with little debate and with overwhelming support.
The possibility of constitutional challenge is happening now in North Dakota partly because of the disintegration of an anti-abortion group of legislators that used to take the lead on introducing bills aimed at the procedure.
Longtime Senator Tim Mathern, a Democrat who once led the group, said it favoured a more gradual approach to ending abortion in the state, focusing on measures it thought would withstand legal challenges.
Without the group, some of the Legislature's most ardent abortion opponents are taking up the cause, introducing bills crafted by out-of-state organisations or from examples found on the internet.
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