Maine legislators have defeated a bill that sought to reverse the changes made by a controversial abortion law signed into law two years ago.
The 2023 law, known as LD 1619, allowed women to have an abortion “after viability” if it is deemed “necessary in the professional judgment of a physician.”
Previously, Maine law prohibited abortion after the point of viability except in cases where the life or health of the mother was in jeopardy.
With these changes in place, Maine currently has one of the nation’s least restrictive abortion policies.
[RELATED: GOP Lawmakers Look to Reverse Controversial Abortion Bill from 2023]
LD 682, sponsored by Sen. David Haggan (R-Penobscot), would have reinstated the viability threshold, while also allowing for abortions in the case of a lethal fetal anomaly.
For the purposes of this bill, a lethal fetal anomaly is defined as a condition diagnosed before birth that would, “with reasonable certainty,” result in the child’s death within three months of birth.
Abortions could also be performed after the point of viability if they are deemed medically necessary to preserve the life or health of the mother.
In addition, this legislation would reestablish criminal liability for performing an abortion without a license or after the point of viability, except in the outlined circumstances.
Cosponsoring this legislation were Rep. Katrina J. Smith (R-Palermo), Sen. Susan Bernard (R-Aroostook), Sen. Stacey Guerin (R-Penobscot), Sen. Matt Harrington (R-York), Rep. Nathan M. Carlow (R-Buxton), Rep. Kimberly M. Haggan (R-Hampden), Rep. Reagan L. Paul (R-Winterport), and Rep. Tracy L. Quint (R-Hodgdon).
Back in 2023, when Gov. Mills signed LD 1619 into law, she framed it as a response to “attempts to undermine reproductive rights in Maine,” apparently referring to several abortion-related bills that had been introduced that year—including proposals to prevent the prescription of abortion drugs via telehealth, as well as to require an ultrasound and certain counseling before an abortion.
“By signing LD 1619, ‘An Act to Improve Maine’s Reproductive Privacy Laws,’ we are affirming that Maine people, guided by their medical professionals, their families, their personal and spiritual beliefs, that they will make decisions about their reproductive health care,” Mills said during the signing ceremony.
“Current Maine law allows for abortion later in pregnancy only to preserve the life or health of the mother, but this standard – that we are about to change – fails to address the varied and very difficult circumstances faced by some women in their pregnancies,” Mills argued in her speech.
This sentiment, however, directly contradicts the abortion stance upon which she campaigned in 2022.
Although her support for abortion access was never in doubt, she made clear during her campaign that as governor she would not attempt to alter Maine’s existing abortion regulations, which prohibited abortion after approximately 28 weeks except under explicitly-defined circumstances.
“I have no plans to change the current law,” Mills stated during the October 2022 gubernatorial debate.
According to the administration, Mills shifted her position regarding Maine’s abortion laws after hearing the story of Yarmouth resident Dana Pierce, who spent $40,000 to receive an abortion in Colorado after being blocked from pursuing one in Maine.
Pierce was seeking an abortion because her baby had been diagnosed with a rare and fatal abnormality.
Following a March public hearing that garnered a great deal of testimony, the Democratic majority on the Judiciary Committee recommended that the bill Ought Not to Pass. Meanwhile, Republican members supported an amended version of that bill that included some technical changes.
LD 682 was then rejected in both the House and Senate with largely partisan roll call votes Tuesday.
Consequently, the measure was quickly placed in the legislative files as a dead bill and will not be considered any further this legislative session.
