Minnesota House passes PRO Act to codify abortion rights into state law
ST. PAUL, Minn. -- The Minnesota House passed a fast-tracked bill Thursday night to codify abortion rights into state statues by a vote of 69-65.
U.S. Health and Human Services Secretary Xavier Becerra was at the Capitol earlier in the day, where he praised state Democrats as "setting history in the right direction" with their effort in a post-Roe v. Wade America.
The Protect Reproductive Options Act spells out in state law that Minnesotans have a "fundamental right" to an abortion and reproductive health care, like fertility treatments and contraception.
"The PRO Act is just one important step in this long road back to where we should have gone in the first place, and that is to protect women's rights, to not undo Roe v. Wade, but to build on Roe v. Wade," Becerra said.
Abortion rights in Minnesota are already protected because a Doe v. Gomez, a 1995 Minnesota Supreme Court decision. Democrats frame the bill as a "secondary" line of defense to that ruling. There is another proposal moving through the DFL-controlled legislature that would also remove restrictions from statute language that were struck down by another lower court ruling last year.
But Democrats put the PRO Act on the fast track, citing it as a top priority following the U.S. Supreme Court decision last summer to vacate federal abortion rights and leave the issue to the states.
It could be signed into law during the week of the 50th anniversary of the Roe v. Wade decision on Sunday; the Minnesota Senate will likely take the bill up for a vote early next week, and Gov. Tim Walz is expected to sign it.
"Seeing that crucial right stripped away was infuriating," said House Speaker Melissa Hortman, DFL-Brooklyn Park. "So to be where we are today, taking up the Protect Reproductive Options Act on the House floor is an empowering moment for me, my daughter and so many others."
Republicans attempted, but failed, to amend the bill during floor debate to add restrictions to abortion, including requiring state licensing of abortion facilities and restricting third trimester abortions except for when a mother's life is at risk. They reject the proposal as "extreme" and characterize it as out-of-step with the majority of Minnesotans' position on abortion.
"We think that there are really reasonable things that we can do to put some guardrails on this issue, but right now the Democrats and what we are passing tonight out of the Minnesota House of Representatives is the most extreme position on abortion on the world stage," said Rep. Anne Neu Brindley, R-North Branch.
The U.S. Supreme Court's decision to overturn Roe last summer motivated Democrats at the polls and the party performed better in the midterm elections than expected. DFL lawmakers in Minnesota also point to abortion as one of the most important issues to voters they encountered ahead of the election and they say passing the PRO Act delivers on a campaign promise.
"While Democrats want a close election here in the state, they do not have a mandate for this, for the policy that they are putting forward tonight," Neu Brindley said.
Minnesota is an island for access in the region, as surrounding states already ban or will likely further restrict the procedure, according to the Guttmacher Institute.
Earlier Thursday, Becerra met with physicians who provide abortions at a roundtable at Planned Parenthood in St. Paul. He is set to cross the border to Wisconsin Friday for similar discussions about abortion access post-Roe, in a trip that he said highlights "a tale of two states" -- a near total ban there from the 1800s is back in effect.
Providers shared with Becerra that despite Minnesota's abortion protections, they still face challenges, including trying to care for an influx patients coming from out-of-state -- a number that could grow -- and navigating potential legal issues.
"We are shoring up our resources. We're being innovative. We're trying to figure out how we might be able to provide telemedicine abortion to more people, have more providers," said. Dr. Sarah Traxler, Chief Medical Officer for Planned Parenthood North Central States, which has jurisdiction in Minnesota and surrounding states. "There's a lot of things in the works but we do anticipate a lot more difficulty in getting patients access to abortion care."