A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the right to reproductive care.

Senate

Joint

Resolution

2003

-

Introduced

SENATE

JOINT

RESOLUTION

2003

BY

PETERSEN

,

TOWNSEND

,

BISIGNANO

,

KNOX

,

BLAKE

,

DREY

,

HARDMAN

,

STAED

,

DONAHUE

,

DOTZLER

,

ZIMMER

,

WINCKLER

,

QUIRMBACH

,

and

WEINER

SENA

TE

JOINT

RESOLUTION

A

Joint

Resolution

proposing

an

amendment

to

the

Constitution

1

of

the

State

of

Iowa

relating

to

the

right

to

reproductive

2

care.

3

BE

IT

RESOLVED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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S.J.R.

2003

Section

1.

The

following

amendment

to

the

Constitution

of

1

the

State

of

Iowa

is

proposed:

2

Article

I

of

the

Constitution

of

the

State

of

Iowa

is

amended

3

by

adding

the

following

new

section:

4

Sec.

26.

Right

to

reproductive

care.

5

1.

The

sovereign

state

of

Iowa

affirms

and

recognizes

6

the

right

to

reproductive

freedom

to

be

a

fundamental

7

individual

right.

The

state

shall

not

deny

or

interfere

with

8

an

individual’s

reproductive

freedom

and

an

individual’s

9

private

decisions

concerning

reproductive

freedom

shall

not

be

10

infringed.

An

individual’s

right

to

reproductive

freedom

shall

11

not

be

denied,

burdened,

or

infringed

upon

unless

justified

by

12

a

compelling

state

interest

achieved

by

the

least

restrictive

13

means.

Reproductive

freedom

includes

but

is

not

limited

to

14

prenatal

care,

childbirth,

postpartum

care,

contraception,

15

sterilization,

abortion

care,

miscarriage

management,

and

16

infertility

care.

17

2.

Notwithstanding

subsection

1,

the

state

may

regulate

18

the

provision

of

abortion

care

after

fetal

viability,

provided

19

that

under

no

circumstance

shall

the

state

prohibit

an

abortion

20

that,

in

the

professional

judgment

of

an

attending

health

care

21

professional,

is

medically

indicated

to

protect

the

life

or

22

physical

or

mental

health

of

the

pregnant

individual.

For

23

the

purposes

of

this

subsection,

“fetal

viability”

means

the

24

point

in

pregnancy

when,

in

the

professional

judgment

of

an

25

attending

health

care

professional

and

based

on

the

particular

26

facts

of

the

case,

there

is

a

significant

likelihood

of

27

sustained

survival

of

the

fetus

outside

the

uterus

without

the

28

application

of

extraordinary

medical

measures.

29

Sec.

2.

REFERRAL

AND

PUBLICATION.

The

foregoing

proposed

30

amendment

to

the

Constitution

of

the

State

of

Iowa

is

referred

31

to

the

general

assembly

to

be

chosen

at

the

next

general

32

election

for

members

of

the

general

assembly,

and

shall

be

33

published

as

provided

by

law

for

three

consecutive

months

34

previous

to

the

date

of

that

election.

35

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S.J.R.

2003

EXPLANATION

1

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

2

the

explanation’s

substance

by

the

members

of

the

general

assembly.

3

This

joint

resolution

proposes

an

amendment

to

the

4

Constitution

of

the

State

of

Iowa

relating

to

the

right

to

5

reproductive

care.

6

The

proposed

amendment

provides

that

the

right

to

7

reproductive

freedom

is

a

fundamental

individual

right;

8

the

state

shall

not

deny

or

interfere

with

an

individual’s

9

reproductive

freedom

and

an

individual’s

private

decisions

10

concerning

reproductive

freedom

shall

not

be

infringed.

The

11

proposed

amendment

declares

that

the

right

shall

not

be

denied,

12

burdened,

or

infringed

upon

absent

a

compelling

state

interest

13

achieved

by

the

least

restrictive

means.

14

The

proposed

amendment

defines

reproductive

freedom

15

to

include

prenatal

care,

childbirth,

postpartum

care,

16

contraception,

sterilization,

abortion

care,

miscarriage

17

management,

and

infertility

care.

18

The

proposed

amendment

provides

the

exception

that

the

19

state

may

regulate

the

provision

of

abortion

care

after

fetal

20

viability

provided

the

state

does

not

prohibit

an

abortion

21

that,

in

the

professional

judgment

of

an

attending

health

care

22

professional,

is

medically

indicated

to

protect

the

life

or

23

physical

or

mental

health

of

the

pregnant

individual.

“Fetal

24

viability”

is

defined

by

the

proposed

amendment.

25

The

joint

resolution,

if

adopted,

would

be

published

and

26

then

referred

to

the

next

general

assembly

(92nd)

for

adoption,

27

before

being

submitted

to

the

electorate

for

ratification.

28

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