ABORTION : Opponents Expected to Press for Regulation Instead of Ban

The great abortion war moves into 1991 with no end in sight. Those involved in the fray say they expect a year of skirmishing on measures that regulate abortion but do not ban it.

The Roe vs. Wade ruling that legalized abortion is likely to survive for at least another year, simply because no case directly challenging it is on its way to the Supreme Court.

The 1989 ruling in Webster vs. Reproductive Health Services was seen by many as opening the door for states to prohibit or severely restrict abortion. But no state has enacted such a law. Last year, governors in Idaho and Louisiana vetoed laws that would have made abortion a crime.

This year, abortion foes say they may change their tactics and push for less severe restrictions.

“You can’t make really radical changes overnight in this country,” said Ed Rivet, legislative director for Right to Life of Michigan.

OPPOSING FORCES: In November, Michigan voters defeated Gov. Jim Blanchard, an abortion rights supporter, and replaced him with John Engler, an abortion foe. Yet, abortion opponents say they will not seek a ban on abortion but rather an “informed consent” law requiring that women seeking abortions be told about alternatives, such as adoption.

“Our problem is that the opinion climate is still supportive of abortion in some situations,” said Edward Grant, vice president of the Chicago-based Americans United for Life. “That’s our challenge now: to make people aware that abortion involves taking the life of an unborn child.”

Meanwhile, abortion rights advocates say the political tide is flowing in their direction in most states. The National Abortion Rights Action League said that one-third of state legislative bodies have shifted toward greater support for abortion rights in the last 18 months.

“The determination of pro-choice Americans (is) gradually changing the composition of our state legislatures, where most of the battles over choice are being waged,” league Executive Director Kate Michelman said.

This year, three of the four largest states--California, Texas and Florida--will have new governors who support abortion rights and are replacing governors who were foes of abortion.

Still, despite these political victories, abortion-rights lawyers fear that the next year could be a difficult one.

“We are seeing more carefully tailored legislation from the other side. These bills are more likely to pass and more likely to be upheld,” said Rachel Pine, an attorney for the American Civil Liberties Union’s Reproductive Freedom Project.

For example, several legislatures will consider measures that would require pregnant women to wait 24 hours after seeing a doctor before they have an abortion. The doctor would be required to tell them of the hazards of abortion and inform them of alternatives.

These measures may show that “the right-to-lifers have had to compromise,” Pine said, but that doesn’t mean women’s rights group are happy with the proposals. “We don’t require that men be given a speech if they want to get sterilized,” she said.

OUTLOOK: The major abortion fights in the coming year will probably occur in the states of Louisiana, Utah, Alabama, Michigan and Ohio, according to activists on both sides.

Louisiana lawmakers sought to ban abortion last year, and they are expected to seek only a slightly scaled back law when they reconvene in April.

Lawmakers in Utah and Alabama will consider measures that would severely limit abortion, and their counterparts in Ohio and Michigan are expected to approve regulatory measures, such as the required 24-hour waiting period for women seeking an abortion.

A Pennsylvania case involving such regulations is expected to reach the Supreme Court for consideration in its term beginning in October.