Proposed rape and incest carve out to abortion ban shot down in committee

BATON ROUGE, La. (BRPROUD) – Lawmakers attempted to reform the state’s strict abortion ban by creating exceptions for rape and incest. But all those efforts were struck down or have been deferred to try again in the waning days of the legislative session.

Since the overturning of Roe v. Wade, abortion has been completely banned in Louisiana except in cases where the fetus is found to be non-viable or the life of the mother is at risk.

State Rep. Delisha Boyd, D-New Orleans, shared her mother’s own emotional story along with many others from across the state as the strict abortion ban has been put into place.

“I am here to present HB346 because it’s my personal testimony. I’ve seen what it can do, what it did do, and I want to see something changed from it,” Boyd said.

Boyd’s mother was just 15 when she was born as a product of a rape. She would pass away at the young age of 28. Boyd said while she has been very blessed in her life, she wanted to bring the bill to help people like her mother.

“I would not want to sacrifice a life for a life. My mother did not survive her trauma. It was overwhelming for her and she didn’t have a choice in the sixties,” Boyd said.

The room was packed tight with people on both sides of the argument in every seat and open standing space.

Some women who are survivors of rape and incest shared stories of how they have had to deal with the trauma.

“There’s no doubt in my mind that if I had been forced to carry my rapist’s baby, I would have killed myself,” said Andrea Dube from New Orleans.

Stories were shared of children as young as nine years old who had to go through the horrific event of being raped and the confusing experience of carrying a pregnancy to term.

“I can’t fathom a time where we would mandate a young teenage girl who was immature, who cannot articulate for herself her experience,” said State Rep. Alonzo Knox, D-New Orleans.

Advocates for sexual violence supporters said that now with the need to leave the state for an abortion, it could rush survivors along in their decision, which could lead to regret.

“In Louisiana, men are allowed to choose the mothers of their children regardless of what a woman may want. I hope that really sinks in,” said Morgan Lamandre, CEO of STAR.

Those against the bill argued the fetus should be given a chance at life and claimed that abortions could victimize someone who is looking to heal.

“It’s hard to imagine a worse therapy for a woman who has been raped than to add the guilt and turmoil of having her child killed. A baby is the only beautiful thing that can come out of a rape,” said Debbi Melvin from Thibodaux.

Anti-abortion rights speakers said the fetus would be punished for the father’s crime. 

“It’s simply an injustice to apply the death penalty to an innocent child that may be conceived in these cases,” said Dr. Damon Cudihy.

Boyd’s bill failed with a vote of 10-5.

HB549 bill by state Rep. Cedric Glover that would make the carve out just for minors also failed in the committee. HB522 by state Rep. Aimee Freeman would change the penalties for doctors who perform abortions to just fines instead of jail time and reduce the number of doctors to make the decision on if one is medically needed to just one. She voluntarily deferred the bill to work on the language.

Before the committee began, HB461, which would clarify the non-viable exception list, by Republican state Rep. Mary Dubuisson was deferred and will be taken up at a later date.