Delaware Lawmakers Pass Bill to Ensure Abortion Remains Legal in State if Supreme Court Overturns Roe

Photo Credit: Mallory Benedict/PBS News Hour

DOVER, Del. — Lawmakers in Delaware have passed a bill that would ensure that abortion remains legal in the state should the U.S. Supreme Court ever overturn Roe v. Wade.

The House passed Senate Bill 5 on Tuesday, which amended current law that made it illegal for abortions to be performed except in the cases of rape, incest and the life of the mother. The law had been considered unenforceable following the 1973 ruling of Roe v. Wade.

“This Act modernizes Delaware’s laws on abortion to be consistent with the scope of the right protected by the United States Constitution and the practice in Delaware for the past 43 years,” a synopsis of the bill explains. “In doing so, this Act permits the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly.”

The measure had been hotly debated in the legislature, with some lawmakers asserting that they support a mother’s “right to choose” despite their feelings on the issue, and others stating that abortion is murder and therefore is not a lawful choice.

“This legislation ensures that physicians have the ability to provide the care that’s compassionate [and] medically appropriate under the circumstance,” remarked Rep. Deb Heffernan, D-Bellefonte.

“The fact of the matter is that this bill represents a license to murder. Period. No questions about it,” said Rep. Joe Miro, R-Pike Creek Valley.

Pro-life groups also rallied against the legislation, including the Delaware Family Policy Council, which had invited abortion survivor Melissa Ohden to speak.

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Ohden’s teenage mother had obtained a saline abortion as a way to undo her unplanned pregnancy. An assistant to the abortionist heard Ohden crying in the medical waste container where she had been discarded following the procedure.

“What I know is that when I was born alive—certainly it was very shocking, right? This is not supposed to happen. Demands were made to leave me to die in that hospital room,” Ohden shared at the rally. “No one’s life should hang in that balance.”

“You would never know by looking at me that I should’ve been poisoned to death in the womb, but when I first survived, the doctors didn’t think I would live for very long—yet I’m standing here today perfectly healthy,” she declared.

Senate Bill 5 now heads to the desk of Gov. John Carney, who is expected to sign the legislation.

“We will exert the same pressure upon Governor Carney, a Catholic, to uphold the sanctity of life for those innocent unborn children whose lives depend upon his vetoing this radical bill,” Delaware Right to Life spokeswoman Moira Sheridan told Reuters.

As previously reported, the 1973 ruling of Roe v. Wade centered on a Texas woman named Norma McCorvey who sought an abortion over an alleged rape. McCorvey later admitted that she had lied, writing in her book “I Am Roe” that she made up the rape story at the advice of her feminist attorneys to make her case more convincing.

She also never obtained an abortion, but placed her child up for adoption and went on to become a vocal pro-life advocate, even going to court in an effort to overturn the ruling.

“My decisions were wrong and I am fighting with every breath to change what has occurred,” McCorvey said in 2008.

She died in February at an assisted living facility.

Abortion is Murder from I'll Be Honest on Vimeo.


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  • InTheChurch

    abortions are legal and will remain legal. The problem, I don’t want my taxes to pay for it directly or indirectly. A woman wants to kill her kid, pay for it out of her own pocket. The woman has to live with physical and emotional scaring on her dime, not mine.

    • Colin Rafferty

      Your taxes are not paying for it now. Why do you think they will in the future?

      • Trilemma

        From the Guttmacher Institute:

        32 states and the District of Columbia follow the federal standard and provide abortions in cases of life endangerment, rape and incest.

        – 3 of these states also provide state funds for abortions in cases of fetal impairment.
        – 3 of these states also provide state funds for abortions that are necessary to prevent grave, long-lasting damage to the woman’s physical health.

        1 state provides abortions only in cases of life endangerment, in apparent violation of the federal standard.
        17 states have a policy that directs Medicaid to pay for all or most medically necessary abortions.

        – 4 of these states provide such funds voluntarily.
        – 13 of these states do so pursuant to a court order

        • Colin Rafferty

          My apologies, you are correct. I was thinking of Federal funding.

      • InTheChurch

        PP gets 500 million a year in Fed money, if one penny goes to paying for lights, gas, water, rent, salary, equipment or any other indirect cost, it’s still paying for an abortion.
        The guy driving the vehicle is as guilty as the other 4 that robbed the bank. Right?

        • Colin Rafferty

          This is a sophomoric argument. The government is also paying for the roads that the patients drive on. And that’s not funding abortion either, even though the women need to drive on it to get there.

          The federal money is going to the costs of the non-abortion procedures that are happening, not directly for infrastructure. The $50 they pay for a pap smear will cover the costs of that, including part of the doctor’s salary, part of the lights, and part of the rest of the infrastructure. But it’s from the pap smear.

          • InTheChurch

            let’s take this a step further so I can see you spin this some more. Who or how does the MD get paid in PP? that MD gets paid from abortion, non abortion, direct or indirect money, right? The MD that crushes the head of that baby gets paid with pap smear, birth control and condom money.

          • Colin Rafferty

            Yes, that doctor probably gets paid a salary, just as the checkout person gets a salary. But that still doesn’t mean you are paying for the abortion, and more than you are paying for my avocado.

        • Colin Rafferty

          More simply: your asparagus purchase is not paying for my avocados. Neither is Medicare’s pap smear paying for someone else’s abortion.

          • Oboehner

            Unless the store uses to profits from the asparagus to stock avocados.

            “Neither is Medicare’s pap smear paying for someone else’s abortion.” nonsensical statement.

          • Colin Rafferty

            Which is still not you paying for the avocados. The moment you drop into the trivialized logic of indirect payments, then everything is paying for everything else, and it’s all meaningless, and the government can’t pay for anything anywhere, because it will all somehow indirectly subsidize something you don’t like.

          • Oboehner

            Yes, if you hadn’t bought that asparagus, there would have been no avocados – there isn’t enough separation.
            The government shouldn’t be paying for abortions at all, someone’s sex life is not a burden for the taxpayers. I know, you drag up the rape and incest reasoning that is so far in the minority. But hey let’s kill the innocent baby and coddle the rapist like you people like to do.

          • Colin Rafferty

            I have never once said “rape & incest”. I say that early abortion is legitimate family planning. Period. You disagree. But don’t put words in my mouth. I also don’t coddle rapists. I don’t know where you get this from, except for your basic prejudices.

            And the federal government is not paying for abortions.

          • Oboehner

            Convenience killing is ok with you, got that.
            Doesn’t matter which government agency if ANY tax dollars go toward infanticide.

          • Colin Rafferty

            I have always said that abortion for the sake of family planning is reasonable. Yes.

            I also disagree with you about tax dollars. There are two different issues here: (1) are federal dollars going to abortion? (2) should they? The first question is a factual one, the second is an opinion.

            Fact: no federal dollars go to abortion.
            Opinion: just as the government pays for other medial care for some people, it ought to include all levels of family planning, including abortion.

          • Parodyx

            Convenience killing, such as you would have no problem doing to homosexuals.

          • InTheChurch

            my paying for asparagus pays for the cooler and the AC that your avocados need while at the store. If the pap smear money pays for the electricity bill, indirectly pays for abortion. Unless they are doing the abortions in the dark.

          • Colin Rafferty

            The moment you start going down the sophomoric road of “indirect costs”, you lead right to the fact that the government pays for the roads the women drives on to get an abortion. It’s an embarrassing argument to make, because the entire economy is interlinked.

            The federal government is not paying for abortions.

          • InTheChurch

            It might be a sophomoric and ignorant argument but the point is still made. PP uses fed money to dismember and decapitate children. You can spin or deny it, those children are still being chopped up and sucked out like a smoothie.

          • Colin Rafferty

            Yes, you made the point. It just doesn’t make sense. The federal government is not paying for abortion.

        • Bob Johnson

          Many doctors and clinics won’t take Medicare and Medicaid patients. Why? Because they only get paid a portion of the cost of providing the service. So PP is out of pocket expenses even for these other services.

          • InTheChurch

            I agree PP offers other services that any MD or clinic can provide. PP is not needed. But, fed money goes to kill babies indirectly.

          • Tangent002

            That would go for any hospital that receives government money, too.

          • InTheChurch

            Yup, so if hospitals can do the same and get paid the same, no need for PP and their chop shops.

          • Bob Johnson

            So it Planned Parenthood fails to qualify for Federal money and at the lower level of support loses donations, when either Catholic hospitals will need to raise the extra money or local government hospitals will need to raise taxes to cover the money currently spent by PP donations on non-abortion services.

          • InTheChurch

            I rather give my money to my local hospital and not PP, the chop shop. Abortions will continue regardless but PP would be gone and my hospital provides real services to all; ER, heart surgery, diabetes and so on.

          • Bob Johnson

            Of course most of these hospitals preform therapeutic abortions. When PP can no longer perform elective abortions it will be interesting how these hospitals react. If the hospital fails to accept a legal elective procedure that it routinely does as a therapeutic procedure, it would seem to be opening itself to discrimination lawsuits.

          • Bob Johnson

            No, Federal money does not go indirectly to support abortions. The only way PP gets Federal money is after they provide a billable service. The Federal government does not provide high enough repayment to make these services profitable. That means Planned Parenthood and other providers such as a Catholic hospital must makeup the difference from donations. This is why for profit hospitals do not take Medicare and Medicaid patients.

            If PP has to dip into their donations to cover these expenses they most certainly don’t have extra Federal income to support non-approved procedures.

          • InTheChurch

            that is why they were selling body parts.

    • Oboehner

      How are abortions legal?

      • Trilemma

        By duly passed laws of state legislatures such as this one in Delaware.

        • Oboehner

          There are duly passed state laws making it illegal, besides I’m quite sure he was looking nationally.

          • Colin Rafferty

            And those were overturned back in ’72 (or was it ’73? I’m too lazy to look it up).

            And please, don’t go all insane about how the Supreme Court doesn’t have the power that it actually has. It’s just embarrassing when you do that.

          • Ambulance Chaser

            Oh no here we go again.

          • Parodyx

            Didn’t know what he was unleashing…

          • Oboehner

            It seems it’s ok with you that the Supreme Court acts illegally then too. Infanticide and fascism are super duper!!

          • Parodyx

            The latest Oboehnerism we are to regard with a straight face then is that the Supreme Court murders infants?

      • InTheChurch

        Roe vs Wade, to start

        • Oboehner

          Article 1, Section 1. The courts cannot legislate, if the people would wake up, they would see that Roe v. Wade was one single court case, not the law of the land.

          • Parodyx

            No, it is the law of the land.

    • Grace Kim Kwon

      Women need to get educated not to kill children. That’s actually what the government should do. Humanity needs to get educated to value life by Christianity.

      • InTheChurch

        I will add, more women, Godly women, need to stand up and fight. We need Proverbs 31 women. Where are the women of God?

        • Grace Kim Kwon

          Yes, amen.

  • Johndoe

    Delaware was, in the colonial period, known as the “lower counties” of Delaware. The Quakers of Pennsylvania and Delaware were heartily opposed to slavery, and they tried to live peacefully with the Indians. What a pity that they no longer value human life.

    • Grace Kim Kwon

      Christians create, and the atheists ruin it.

  • Grace Kim Kwon

    Something went wrong with the Northeast and the Western Coasts. So sad. All children have rights to life.

  • Reason2012

    Why doesn’t a mother “have the right to choose” to_kill her son/daughter 1 minute after he or she comes out of the womb? So why should she have the “right to choose” to_kill her son/daughter 1 minute before he/she comes out of the womb? 2 minutes? 5? 10? “Right to choose” is just a deceptive lie to protect the barbaric, murderous, genocidal practices of the sick left, proving we are in fact the most evil generation to ever live in the existence of the human race: over a million_killed each year, with over 60 MILLION_killed in the past few decades. We will face God for our murderous barbarism, and those who had the biggest hand in legalizing it will be held to the greatest condemnation.

    “[Jesus said] And I say unto you my friends, Be not afraid of them that kill the body, and after that have no more that they can do. But I will forewarn you whom ye shall fear: Fear him, which after he hath killed hath power to cast into_hell; yea, I say unto you, Fear him.”
    Luke 12:4-5

    • Trilemma

      I agree that there is no difference between a fetus one minute before birth and a baby one minute after birth. I think that is a good argument to outlaw third trimester abortions. Unfortunately, it’s also a good argument for post natal abortion.

      • Reason2012

        Which shows that abortion is no different than just flat out_killing someone for convenience.

        • Ambulance Chaser

          No it doesn’t show that at all.

        • Bob Johnson

          So perhaps, we shall have a return to the long standing western tradition of exposure.

  • Lowhand45

    Not on Federal $ So go ahead maybe.. DEL will be Ground ZERO from his WRATH !

  • James R. Currier

    Very ironic not to mention Hypocritical that the vast majority of women in your photo are WELL PAST child bearing age and ALL have already been born.

  • Cadfael

    Delaware keeping Baby Murder legal at all costs. Funny, most of those for this measure were anti-war protesters in the early 1970s yelling “Baby Killers!” at returning Vietnam war vets; now the truth is out they were yelling about themselves!

  • Ollie Octopus

    Pro-choice should be changed to PRO-DEATH!

  • sweetqueen777

    Since when can a STATE make laws that supercede FEDERAL laws?
    Pretty sure this one qualifies to be declared INVALID.
    And, YES, when you end the life of another it is MURDER. Even a mother does not have the RIGHT to kill her child.