Unpacking S.B. 6, The Arkansas Unborn Child Protection Act

Abortion, , ,

Synopsis: S.B. 6, the Arkansas Unborn Child Protection Act, by Sen. Jason Rapert and Rep. Mary Bentley would prohibit abortion in Arkansas except in medical emergencies when the mother’s life is at risk. The bill is virtually identical to Act 180 of 2019, the “trigger law” that the Arkansas Legislature passed to make abortion illegal if the U.S. Supreme Court overturns its 1973 Roe v. Wade decision. Below are a few points to consider.

Overview of S.B. 6

  • S.B. 6 contains numerous legislative findings outlining why the U.S. Supreme Court should overturn its Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey abortion decisions.
  • The bill prohibits abortion except in cases of medical emergency when the woman’s life is at risk.
  • Performing or attempting to perform an abortion would be an unclassified felony.
    • The penalty would be a fine up to $100,000 and/or imprisonment up to 10 years.
  • S.B. 6 would not allow a woman to be prosecuted for the death of her unborn child.
  • S.B. 6 contains exceptions for contraceptives.
  • S.B. 6 creates an affirmative defense for a physician who accidentally or unintentionally causes injury or death to an unborn child.
  • S.B. 6 does not explicitly affect or repeal any other state law concerning abortion.

Additional Points to Consider

  • S.B. 6 is similar to Arkansas’ abortion statutes prior to Roe v. Wade.
  • S.B. 6 is virtually identical to Act 180 of 2019 prohibiting abortion in Arkansas if the U.S. Supreme Court overturns Roe v. Wade.
  • S.B. 6 would not repeal Act 180 of 2019.
  • S.B. 6 would not repeal any other law regulating, restricting, or prohibiting abortion in Arkansas.
  • S.B. 6’s exception allowing abortion when the woman’s life is at risk tracks with Amendment 68 to the Arkansas Constitution, which says it is the policy of the State of Arkansas to protect the lives of unborn children and contains exceptions for abortions performed to save the life of the woman.
  • Under S.B. 6, a woman could not be prosecuted for having an abortion. An abortionist could be prosecuted for performing an abortion.
    • This means the abortionist would face prosecution — not the woman.

Read S.B. 6, The Arkansas Unborn Child Protection Act, here.

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Bill Filed to End Abortion in Arkansas

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FOR IMMEDIATE RELEASE
Wednesday, November 18, 2020

On Wednesday Senator Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville) filed S.B. 6 to make abortion illegal in Arkansas except when the mother’s life is at stake.  If passed, the bill will generally prohibit abortion in Arkansas and give the U.S. Supreme Court an opportunity to overturn Roe v. Wade, Doe v. Bolton, Planned Parenthood v. Casey, and other pro-abortion decisions.

Family Council President Jerry Cox released a statement saying, “Many people have been saying for almost fifty years that abortion should be illegal. The time has come for us to make it so. S.B. 6 will give the U.S. Supreme Court the opportunity to overturn Roe v. Wade. Family Council fully supports the passage of this good law. This is an opportunity for Arkansas to be a real leader in the effort to end abortion in America.”

Cox pointed out that public opinion polling shows Arkansans oppose abortion. “Arkansans are overwhelmingly pro-life. Recent public opinion polling shows twenty-three percent of Arkansans believe abortion ought to be completely illegal, and fifty-nine percent believe abortion ought to be legal only under certain circumstances.”

Cox said Family Council will work to mobilize Arkansans to support S.B. 6. “We have a grassroots network of about ten thousand Arkansans and churches across the state, and we work very closely with pro-life organizations that oppose abortion nationwide. We believe they will be very excited about supporting this legislation, and they will want to do their part to secure its passage.”

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Photo Credit: Unsplash

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Louisiana Voters Approve Pro-Life Amendment Similar to One Arkansas Passed in 1988

Abortion, , ,

Last week voters in Louisiana overwhelmingly supported adding a pro-life amendment to their state’s constitution.

The amendment reads,

“To protect human life, nothing in this constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.”

The language is very similar to Arkansas’s constitutional amendment 68 that voters passed in 1988.

Arkansas’ pro-life amendment reads,

1. Public funding.

No public funds will be used to pay for any abortion, except to save the mother’s life.

2. Public policy.

The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.

3. Effect of amendment.

This amendment will not affect contraceptives or require an appropriation of public funds.

According to different news outlets, Louisiana’s pro-life amendment makes it more difficult to challenge the state’s trigger law that prohibits abortion if and when the U.S. Supreme Court overturns Roe v. Wade.

Arkansas passed a trigger law similar to Louisiana’s in 2019.

Act 180 of 2019 by Sen. Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville) prohibits abortion in Arkansas if Roe v. Wade is overturned. The bill was hotly debated at the Arkansas Legislature, but ultimately passed and was signed into law last year.

Arkansas’ and Louisiana’s pro-life trigger laws and pro-life constitutional amendments are very similar and just go to show how states increasingly are taking steps to end abortion and defend the unborn.

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