The New Hampshire House rejected on Thursday a measure that would change the state Constitution to enshrine abortion as a right for women up to the sixth month of pregnancy.
The 193-184 vote favored asking voters to enshrine those rights in their constitution, but it fell short of the majority threshold that was needed to advance the proposal.
The state already allows abortions in this time frame. The amendment would elevate the procedure to a legal right.
New Hampshire State Rep. Amanda Toll, cradling her one-week-old daughter in her arms, stood on the floor of the state House chamber advocating for members to set in motion an amendment allowing abortion up to 24 weeks (six months) of pregnancy.
“I stand here today as one of the millions of people who has had an abortion,” she said.
“When I was a teenager, I accessed abortion care that has allowed me to go to college, to graduate school [to earn a masters degree] to teach, and to be a state representative. And it allowed me to have my children when I was ready, both physically and emotionally, including the baby girl I gave birth to just last week.
“I want my kids to have the right to self-determination in these decisions. I want Granite Staters to know that their reproductive decisions are their own, and I want voters to weigh in on this important issue,” Ms Toll said. “We need to send this to the voters and let the voters decide.”
Ms. Toll, a Democrat, is a mother of three—two boys and now, a daughter—who has reinvigorated her commitment to ensuring accessible abortions.
Constitutional Amendment Concurrent Resolution (CACR) 23 would make abortion up to six months a right in the New Hampshire Constitution.
Changing the Constitution requires the support of 60 percent of the legislature and a public vote with the support of 66 percent of voters.
Another House member said abortion is already legal in New Hampshire through 24 weeks, and beyond—in the case of fatal fetal abnormalities or when the mother’s life or health is at risk.
The majority of New Hampshire citizens are in favor of the law as it stands, and said CACR 23 would make two big changes from the current law.
The law’s language reads, “Every individual has a fundamental right to abortion,” but “every individual” is pretty ambiguous, the lawmaker said.
“It could be interpreted to mean that everyone, including the father, could demand an abortion simply because he didn’t want the woman he impregnated to have his baby. It could be further interpreted to mean that a man also has a constitutional right to an abortion.”
The language also allows for abortion beyond 24 weeks “when necessary” but is not specific about what “necessary” means.
She opposed the constitutional amendment. “Abortion is already legal in New Hampshire, and women already have the freedom and reproductive liberty to make these decisions with their health care providers.”
Rep. Marjorie Smith supports the measure, saying New Hampshire is a libertarian state.
“We believe in limited government in this state,” Ms. Smith said. “We shouldn’t be wasting our time with trying to intrude on people’s private decisions.”
