House eyes abortion bill • Proposal seeks to spell out CNMI’s policy on abortion

The House of Representatives is expected to come out with legislation that will seek CNMI’s policy on abortion as the issue continues to divide the island community, according to the chair of the Committee on Health and Welfare.

But Rep. Malua T. Peter stressed that she personally favors reiterating the constitutional ban against abortion on the islands despite attempt by some quarters to legalize the practice.

She said she will push for penalties in the forthcoming legislation for performing abortion here in violation of the CNMI Constitution.

While the proposal is still being drawn up, Ms. Peter pointed out that it will be introduced in the lower house within the next few weeks during this second regular session.

If it pushes through, this will be the third attempt by lawmakers to legislate the abortion issue. Two initial proposals in the 10th and 11th Legislature failed due to strong pressure from anti-abortion crusaders, particularly the church.

Abortion has become a thorny issue on this predominantly Roman Catholic island community, with some quarters demanding the government to comply with Roe vs. Wade ruling in the U.S. Supreme Court that allows abortion in the first trimester of pregnancy.

But Ms. Peter said this still constitutes “murder” as the life of the unborn is still protected under the CNMI Constitution.

Religious leaders from various denominations have launched a campaign against abortion in a bid to counter renewed debate on the controversial issue.

The debate began when a legal opinion issued by the Attorney General’s Office in 1985 resurfaced which said a woman may legally obtain an abortion in the Northern Marianas based on the U.S. ruling.

Amid reports that abortion is conducted at the Commonwealth Health Center for medical reasons, the Catholic Church immediately reminded government leaders that the CNMI Constitution prohibits the practice of abortion.

In the most recent legislation filed in 1998, the House Committee on Health, Education and Welfare nixed the proposal to sanction abortion on demand as it violates the constitutional ban as well as local traditions and moral standards.

The proposed Abortion Control Act was offered by Rep. Oscar M. Babauta on the heels of mounting pressure from the federal government which had urged the CNMI to clamp down on so-called abortion clinics here.

“Abortion is prohibited unless we, the Legislature, choose to allow it. We decline to do so,” stated a report submitted by then HEW chair Rep. Heinz S. Hofschneider.

The proposed law would have allowed abortion to be performed by doctors in certain circumstances such as in pregnancy caused by rape or incest or in cases where the life of the mother is at risk because of the pregnancy.

At the same time, any abortion performed in violation of the act would have meted punishment of imprisonment of up to 10 years and/or fine of up to $20,000 as well as 30 years in jail and a $50,000 fine if the woman dies.