CONCORD, N.H. - New Hampshire took the first step toward repealing a parental notification law for minors seeking abortions Wednesday, when lawmakers defeated two amendments intended to save the law by adding exceptions to protect the mother's health.
The law, the strictest in the nation when it was passed, never took effect. It was struck down in late 2003 by a federal judge because it lacked a health exception.
Last year, the U.S. Supreme Court sent it back to the judge to determine whether it could be salvaged. U.S. District Judge Joseph DiClerico put the case on hold while waiting for the Legislature to act.
The amendments were defeated 213-135 and 222-129 in the House.
"It is not a test of how pro-choice or pro-life you are: It is a parental rights issue," Rep. Fran Wendelboe, R-New Hampton, sponsor of the first amendment, said before the votes.
"You can't get a tattoo, or get your ears pierced, you can't smoke, you can't ride a bicycle under 16 without a helmet because the state knows better," she said.
"I urge you to vote for the parents of New Hampshire. I ask you to vote for what's in the best interest of our teenage girls."
A second amendment presented by Rep. Neal Kurk, R-Weare, proposing similar exceptions, also failed after brief testimony.
Repeal supporters argued the law was too badly flawed to be fixed and that advocates of parental notification should start over from scratch.
The law requires abortion providers to notify at least one parent at least 48 hours before performing an abortion on a minor. Prior to its enactment under former Republican Gov. Craig Benson and a Republican-dominated Legislature, New Hampshire had voted consistently pro-choice.
The repeal bill's sponsor, state Rep. Elizabeth Hager, predicted the House and Senate _ both led by Democrats for the first time in more than a century _ would vote to strip the law from the books. If that happens, Democratic Gov. John Lynch said he will sign it.
When the law was passed, anti-abortion supporters intentionally left out the health exception, believing it would be abused.
Leading up to Wednesday's vote, they supported adding a health exception in emergencies, defining a confidentiality requirement of the court and clarifying that a judicial bypass must be available around the clock to girls who do not want to notify a parent.
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