Court allows ‘fetal heartbeat’ abortion ban to take effect

DES MOINES — The Iowa Supreme Court declared in a 4-3 ruling on Friday that a law banning most abortions after about six weeks could take effect, ending an injunction on the legislation passed about a year prior.

“We have previously held that abortion is not a fundamental right under the Iowa Constitution,” wrote Justice Matthew McDermott in the court’s majority opinion. “We conclude that the fetal heartbeat statute is rationally related to the state’s legitimate interest in protecting unborn life.”

The outcome was celebrated by many conservatives. Gov. Kim Reynolds, State Senate Majority Leader Jack Whitver and State House Speaker Pat Grassley — all Republicans — issued statements praising the decision just after 9 a.m. Friday, in a news release under the governor’s letterhead.

“There is no right more sacred than life, and nothing more worthy of our strongest defense than the innocent unborn,” Reynolds wrote. “Iowa voters have spoken clearly through their elected representatives … I’m glad that the Iowa Supreme Court has upheld the will of the people of Iowa.”

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Many other Republican lawmakers struck a similar tone.

“Today's ruling was a victory in the fight to protect the unborn in Iowa,” said Rep. Heather Hora — who represents Washington County and some rural parts of Johnson County — in a text message. “Iowa is a pro-family and a pro-life state and I will continue to support legislation that reinforces those values.”

The bill bans abortions after what it calls a “fetal heartbeat,” the first detection of “consistent impulses” from the tissue within an embryo that later develops into a heart. Opponents say the term is misleading, since it addresses neither a fetus nor a heart. The biological phenomenon usually happens around the sixth week of pregnancy, before many women know they are pregnant, according to doctors.

The law makes a handful of exceptions for cases of rape, incest, and fatal emergencies that endanger the life of the expecting mother. Still, opponents say it will block most abortions in the Hawkeye State.

Across the aisle, Democratic legislators lamented the ruling. Adam Zabner, Iowa City’s state house representative, said Friday’s outcome would allow the state to intervene in “intimate health care decisions,” and endorsed a move to pass House Joint Resolution 9, a long shot bid to encode abortion rights in the state’s constitution.

The dissenters are likely joined by a handful of moderate Republicans. A Des Moines Register poll in 2023 found over 60% of Iowans believed abortion should be legal in most cases.

“As the youngest state legislator in Iowa, I worry about what this will mean for my friends,” Zabner wrote in an email. “Women will die in Iowa because of this horrible legislation. Today is a sad and scary day.”

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While the ruling was made at the state level, it’s attracted nationwide attention prompting headlines at national outlets and a statement from President Joe Biden, who condemned the law’s restrictions.

The law may still face legal hurdles. Enforcement of it remains banned — and abortions remain legal — until a district court rules on its constitutionality according to Planned Parenthood representatives, who said the legal process would take at least until mid-July. But it’s worth noting the justices found Planned Parenthood unlikely to succeed in proving the law unconstitutional as part of their reasoning to end the injunction.

On the court, Chief Justice Susan Christensen said the ruling based on historical findings ignored important considerations. She noted that women had no electoral representation when the constitution was drafted, rendering the founders’ intents less relevant.

“The majority’s rigid approach relies heavily on the male-dominated history and traditions of the 1800s, all the while ignoring how far women’s rights have come since the Civil War era,” she wrote before asking, “Is it any wonder why Iowa is not flush with legal history demonstrating that a medical procedure specific to women is a deeply rooted part of our state’s tradition?”

“Women are human beings in their own right, worthy of the same freedoms, privileges, and protections as men. Yet, women have not consistently possessed the same collection of rights granted to men throughout Iowa’s history.”

In its own news release, Planned Parenthood blasted the court’s decision as “a devastating blow to Iowans’ access to essential health care.” The release also included statements from the Emma Goldman Clinic and the ACLU of Iowa.

The organization appears poised to continue providing abortion care within the law’s limits, assuming it’s deemed constitutional later this month.

“We want people to know that Planned Parenthood is here and committed to meeting the health care needs of as many patients as possible,” wrote Ruth Richardson, President and CEO of Planned Parenthood North Central States. “We have spent months planning for the possibility of this new reality, putting in place patient navigators and other supports to connect patients with the care they so desperately need — both now and in the future.”

Editor’s note: an earlier version of this article erroneously attributed State Rep. Heather Hora’s quote to State Sen. Dawn Driscoll. The online version has been edited to correct this error.

Comments: Kalen.McCain@southeastiowaunion.com