compromise
02-12-2014, 10:19 AM
http://www.dallasnews.com/news/politics/headlines/20140211-wendy-davis-backs-20-week-abortion-ban-that-defers-to-women.ece
Wendy Davis said Tuesday that she would have supported a ban on abortions after 20 weeks of pregnancy, if the law adequately deferred to a woman and her doctor.
Davis, a Fort Worth senator and the likely Democratic nominee for governor, told The Dallas Morning News’ editorial board that less than one-half of 1 percent of Texas abortions occur after 20 weeks of pregnancy. Most of those were in cases where fetal abnormalities were evident or there were grave risks to the health of the woman.
“I would line up with most people in Texas who would prefer that that’s not something that happens outside of those two arenas,” Davis said.
But the Democrat said the state’s new abortion law didn’t give priority to women in those circumstances. The law allows for exceptions for fetal abnormalities and a threat to the woman’s life, but Davis said those didn’t go far enough.
“My concern, even in the way the 20-week ban was written in this particular bill, was that it didn’t give enough deference between a woman and her doctor making this difficult decision, and instead tried to legislatively define what it was,” Davis said.
The provision was part of a sweeping bill the Legislature considered this summer to place new restrictions on abortion providers. Davis initially filibustered to stop the bill, drawing nationwide attention as a special session ended with a raucous crowd disrupting the Senate’s consideration of the bill. Eventually, lawmakers approved the law in another session. Parts of it are under court review, though the 20-week ban is in effect.
Davis said the U.S. Supreme Court would likely evaluate when a woman could end a pregnancy. A fetus is generally considered viable at 24 weeks, the previous abortion limit under Texas law.
“The Supreme Court sets that viability and it probably will be revisited,” Davis said. “It’s one that deserves that kind of reflection to determine whether that kind of constitutional protection should exist at a time period less than what it is right now.”
Davis said she could have supported a bill that contained only a 20-week ban, but the law’s restrictions on clinics and doctors have greatly curtailed access to the procedure in parts of Texas.
“It was the least objectionable,” she said. “I would have and could have voted to allow that to go through, if I felt like we had tightly defined the ability for a woman and a doctor to be making this decision together and not have the Legislature get too deep in the weeds of how we would describe when that was appropriate.”
Davis also said Tuesday she would consider decriminalizing marijuana, after outgoing Gov. Rick Perry raised the possibility recently.
“I do believe that Governor Perry’s approach is a reasonable approach, that we as a state need to think about the cost of that incarceration and, obviously, the cost to the taxpayers as a consequence of it, and whether we’re really solving any problem for the state by virtue of incarcerations for small amounts of marijuana possession.”
She said she would back legislation to decrease criminal provisions for possession of small amounts of marijuana. As for allowing the drug for medical purposes, Davis said she would want to know how voters feel.
“I don’t know where the state is on that, as a population. Certainly as governor I think it’s important to be deferential to whether the state of Texas feels that it’s ready for that,” she said.
Wendy Davis said Tuesday that she would have supported a ban on abortions after 20 weeks of pregnancy, if the law adequately deferred to a woman and her doctor.
Davis, a Fort Worth senator and the likely Democratic nominee for governor, told The Dallas Morning News’ editorial board that less than one-half of 1 percent of Texas abortions occur after 20 weeks of pregnancy. Most of those were in cases where fetal abnormalities were evident or there were grave risks to the health of the woman.
“I would line up with most people in Texas who would prefer that that’s not something that happens outside of those two arenas,” Davis said.
But the Democrat said the state’s new abortion law didn’t give priority to women in those circumstances. The law allows for exceptions for fetal abnormalities and a threat to the woman’s life, but Davis said those didn’t go far enough.
“My concern, even in the way the 20-week ban was written in this particular bill, was that it didn’t give enough deference between a woman and her doctor making this difficult decision, and instead tried to legislatively define what it was,” Davis said.
The provision was part of a sweeping bill the Legislature considered this summer to place new restrictions on abortion providers. Davis initially filibustered to stop the bill, drawing nationwide attention as a special session ended with a raucous crowd disrupting the Senate’s consideration of the bill. Eventually, lawmakers approved the law in another session. Parts of it are under court review, though the 20-week ban is in effect.
Davis said the U.S. Supreme Court would likely evaluate when a woman could end a pregnancy. A fetus is generally considered viable at 24 weeks, the previous abortion limit under Texas law.
“The Supreme Court sets that viability and it probably will be revisited,” Davis said. “It’s one that deserves that kind of reflection to determine whether that kind of constitutional protection should exist at a time period less than what it is right now.”
Davis said she could have supported a bill that contained only a 20-week ban, but the law’s restrictions on clinics and doctors have greatly curtailed access to the procedure in parts of Texas.
“It was the least objectionable,” she said. “I would have and could have voted to allow that to go through, if I felt like we had tightly defined the ability for a woman and a doctor to be making this decision together and not have the Legislature get too deep in the weeds of how we would describe when that was appropriate.”
Davis also said Tuesday she would consider decriminalizing marijuana, after outgoing Gov. Rick Perry raised the possibility recently.
“I do believe that Governor Perry’s approach is a reasonable approach, that we as a state need to think about the cost of that incarceration and, obviously, the cost to the taxpayers as a consequence of it, and whether we’re really solving any problem for the state by virtue of incarcerations for small amounts of marijuana possession.”
She said she would back legislation to decrease criminal provisions for possession of small amounts of marijuana. As for allowing the drug for medical purposes, Davis said she would want to know how voters feel.
“I don’t know where the state is on that, as a population. Certainly as governor I think it’s important to be deferential to whether the state of Texas feels that it’s ready for that,” she said.