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To achieve Pro-Life Unity we will establish standards that we all agree upon, and efforts that we all regularly participate in. By working together we can challenge the culture of death and the apathy which is pervasive in our society.
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Nevada Abortion Law
Current abortion law in Nevada leans overall in favor of a pro-abortion position
Nevada law affirms a “fundamental right to abortion” during the first 24 weeks of fetal development. The law is worded to maintain a right to abortion even in the event of Roe v Wade being overturned.
That statute does, however, also maintain a “Post Viability” ban on third trimester abortions. Recent advances in medical technology call into question the validity of an arbitrary rule on fetus viability and could make this a possible point of contention. Numerous states are also working on passing Fetal Pain legislation which prohibits abortions beyond 20 weeks of development. This might be another avenue for restricting abortions here
Licensing Requirements For Abortionists
Abortionists must be physicians licensed to practice medicine in the state of Nevada (NARAL refers to this as a “burdensome restriction”)
Taxpayer Funding Of Abortion
Nevada law prohibits the use of taxpayer funds for abortions including women on Medicaid
Nevada requires that women seeking an abortion must first discuss with a physician or “other qualified person” the state of her baby’s development, the procedure used to terminate the child’s life, and the possible physical and/or emotional after effects of undergoing an abortion.
In 1991 Nevada passed a Parental Notification law requiring abortion providers to obtain the consent of at least one parent before providing abortions for girls under 18 years of age. The law was challenged by Planned Parenthood and declared unconstitutional by the notoriously liberal 9th Circuit Federal Court Of Appeals. Nevada’s Attorney General chose not to appeal the decision.
An interesting note is that Montana passed a virtually identical law which was also struck down by the 9th Circuit. Montana, however, won an appeal to the US Supreme Court. In that decision, Lambert v Wickland, the Supreme Court specifically cited the 9th Circuit ruling against NV as an example of “judicial misinterpretation”.
It would seem therefore that Nevada can provide parental protection for teenage girls by simply re-passing the 1991 law and citing Lambert v Wickland in the inevitable Planned Parenthood challenge.
Nevada provides Conscious Protection for doctors and healthcare workers who decline to perform or assist in abortions for religious, moral or ethical reasons. Private hospitals are not required to permit their facilities to be used for abortions except in case of medical emergencies.
Religious organizations, and private insurance companies providing healthcare plans for religious organizations, are exempted from offering otherwise mandatory coverage for contraception.
Pharmacists, however, may not decline to fill any prescription for religious, moral or ethical reasons.
Though Nevada provides for a “fundamental right to abortion”, a coordinated lobbying effort by the pro-life community could increase common sense restrictions on abortion in the areas of Fetal Viability, Fetal Pain and especially in establishing a Parental Consent requirement for girls under 18 years of age.
Columnists • Jerry & Barbara Weyrich • United Calls for Action • States • Nevada • Permalink