Oregon bill on abortion, reproductive and gender-affirming care heads to governor for signature

Published 5:51 pm Wednesday, June 21, 2023

Gov. Tina Kotek is the final stop for a bill to ensure access to abortion and other reproductive and gender-affirming care.

The Oregon House gave final approval to the bill, largely on party-line votes on Wednesday, June 21, after the Senate amended and passed it as part of a compromise that ended a 42-day walkout by minority Republicans.

House Bill 2002 emerged from a work group appointed last year by House Speaker Dan Rayfield, D-Corvallis, just before the U.S. Supreme Court reversed its 1973 decision (Roe v. Wade) holding that abortion is a protected right under the federal Constitution. The 2022 ruling in Dobbs v. Jackson Women’s Health Organization left it to the states; 14 of them, including Idaho, have since banned or restricted abortion.

Oregon lawmakers removed penalties for abortion in 1969.

Rep. Rob Nosse, D-Portland, said most of the bill remains intact.

“It closes gaps in insurance coverage for gender-affirming care, contraceptives and abortion,” said Nosse, who leads the House health care panel.

“It protects licensed Oregon providers from criminal and civil liability for supporting or providing reproductive and gender-affirming health care that is legal in our state. It defends Oregon health centers and providers from unlawful harassment and abuse, safeguards the confidentiality and privacy of those providers, and protects patients from criminalization for receiving, supporting or accessing reproductive health care in our state.”

But the amended version does these things:

• Excludes sterilization of a minor under age 15 as an allowed procedure.
• For minors under age 15, two medical providers acting independently can determine that parental involvement is not in the best interest of a minor. A provider can also determine that parental involvement would result in neglect to or physical and emotional abuse of the minor. According to the Oregon Health Authority, only 14 of 7,109 abortions reported in 2021 involved minors under 15.
• Clarifies that picketing is not considered interference with a health care facility, which the bill creates as a new crime with maximum penalties of 364 days in jail and a $6,250 fine.
• Removes a proposed expansion of medication abortion to clinics at universities and rural areas.

The amended bill won support from 34 of the 35 Democrats — Rep. Daniel Nguyen of Lake Oswego was excused — and Republican Rep. Charlie Conrad of Dexter. It was opposed by the 12 Republicans in the chamber — 11 other Republicans chose to be excused instead of being present — and the other Republican was excused for House business.

Rep. Christine Goodwin of Roseburg was one of five first- or second-term Republicans who spoke against it, although she acknowledged that opponents could not stop it.

“What purpose does it serve? Abortion rights were never in jeopardy,” Goodwin said.

“We are an extreme abortion state and that will not change due to the Supreme Court decision. Our state will follow its own state statutes on abortion. The bill seeks to normalize gender confusion. Instead, we should be taking a serious look at the social contagion that is sweeping our country and the growing mental health crisis with our young.… This bill has been an enormous waste of energy and fixes nothing.”

pwong@pamplinmedia.com