Hendriksen rips Hatfield’s anti-abortion bill
By Cort Femald
Of *» Emerald
Eugene's Democratic state representative Mar
gie Hendriksen is leading the local opposition to Sen.
Mark Hatfield’s (R-Ore.) anti-abortion bill, that will
soon be debated on the floor of the U S. Senate
Hendriksen, speaking last month to the annual
convention of the National Abortion Rights Action
League in Washington D C., denounced Hatfield’s
anti-choice bill before the partisan crowd.
"As an Oregonian, I am very unhappy to see the
senior Senator Mark Hatfield's leadership role in
suppressing freedom of choice,” she said. "SB2372
is not a compromise, but rather a dangerous attack
on our constitutional freedom and an affront to
women.”
Hendriksen was one of two pro-choice legisla
tors asked to speak before the NARAL convention.
She considers Hatfield's bill extremely one-sided,
calling it "anti-woman legislation.”
Hatfield, who Hendriksen calls a “radical right
ist" because of his anti-choice record, has authored
"one of the worst bills (as far as its ramifications)
introduced." She strongly objects to the bill "as a
legislator, as a person who has worked in the area of
abortion reform, as an attorney."
Hendriksen brought four key arguments against
Hatfield's bill before the NARAL convention SB2372
subordinates adult women to fertilized eggs, des
troys academic freedom, disrupts due process of
law, and has the federal government coercing
medical programs.
"The bill makes legislative findings that our lives
and welfare are subordinate to the fertilized eggs,"
she said
After the 1973 Supreme Court decision Roe v.
Wade, anti-choice groups changed tactics by clar
ifying what is a fertilized egg, Hendriksen says.
SB2372, according to Hendriksen, has a statement
of legislative findings that unborn children are
members of the human species.
In the past (the 19th Century). . when there
were criminal abortion laws, fetuses or eggs were
never considered people in the sense that adults or
someone is after they’re born," she said. "It wasn’t
that the thought was it was homicide with respect to
the fetus, it was health considerations for the
women.”
She adds that the law might "recognize some
limited rights of the fetus, but only if they were
born live SB2372 says that all unborn children
would immediately come under protection of Title 42
of the U S code, a code that implements the 14th
amendment to the U S. Constitution The 14th
amendment administers civil rights legislation.
Hendriksen pointed out in her speech that
SB2372 would ‘‘attempt to destroy academic
freedom and professional competency by denying
federal funds to medical schools that taught how to
do abortion techniques."
Possibly the most atrocious aspect of Hatifield’s
bill, in Hendriksen’s view, is the way it apparently
circumvents the legal process.
"It destroys and disrupts traditional notions of
due process and jurisprudence by its standing
provisions and expedited hearings to validate state
laws which violate women's fundamental rights,"
Hendriksen told the NARAL audience
From the point of view of the court system,
Hendriksen says section III of Hatfield s bill "elimin
ates the standing requirement" by allowing "any
person" to initiate civil action over an abortion
alleged to involve federal funds.
The principle of standing "means you have to
have a concrete interest in the outcome of a case
before you can sue," Hendriksen says. Without the
standing requirement one unrelated and disinterest
ed party can bring suit against a second
Hatfield’s bill also makes it easier for states to
uphold anti-choice legislation, Hendriksen says.
This means that if a state passes pro-choice legisla
tion it would be in violation of the federal statute
Hendriksen says the bill’s chances of passage
are very good. "For one thing, because of Hatfield’s
prestige He’s not viewed as a crazy’ like (Sen
Jesse) Helms,” she says. Two other conditions that
almost assure passage according to Hendriksen are
that “It’s not a constitutional amendment, it’s only
statutory and because he’s not having any hear
ings on it.”
A major "floor fight” is expected in the Senate
however, when SB2372 is brought for a vote
"The irony is that we’ve got both U S. Senators
(Senators Hatfield and Bob Packwood) that'll be
arguing the lead points on both sides," Hendriksen
says
Emerald Photo
"SB2372 is not a compromise but rather a dangerous
attack on our constitutional freedom and an affront to
women,"
— Rep. Margie Hendriksen
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