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The Honolulu Advertiser
Posted on: Friday, March 31, 2006

Clearer abortion law deserves Isle approval

The political and legal landscape has changed considerably in the decades since Hawai'i's abortion law was passed.

That's why legislators are smart to close a loophole that could lead to constitutional challenges down the road.

House Bill 1242 anticipates the possibility that Roe v. Wade, the landmark ruling protecting abortion rights nationally, could be overturned or modified by a Supreme Court with two new conservative justices.

In that case, the state law might have to stand alone to ensure that right for Hawai'i women, making its clarification a proactive move.

Hawai'i leadership has supported keeping access to abortion services open and legal, in recognition of privacy rights and in the interest of public health. Legalized abortion enabled women who choose this option to receive adequate, safe medical care, and the days of back-room procedures came to an end.

The clarifying bill, now moving briskly through the Senate, at the very least would eliminate a residency requirement that analysts believe to be unconstitutional, and this makes perfect sense. A second proposed revision — which would loosen the definition of abortion, legally described as a hospital operation — is more controversial.

If the goal is to insulate the law against challenge, the terminology aspect seems less essential; this dispute should not doom the bill.

Neither should the hue and cry from abortion foes. The state has supported abortion rights for 30 years; those opposed should mount a separate campaign if they seek a reversal, not waylay HB 1242 as a means to that end.

This is a sensible measure that adds nothing to the law but clarity. It should pass and gain the governor's signature.