HARRISBURG, Pa. — The Pennsylvania Senate approved a bill that would amend the state Constitution to clarify it does not protect abortion rights or public funding for them, including health insurance coverage under public plans.
While the amendment is not an outright ban on abortions, it paves the way for abortion rights to be restricted, criminalized or banned entirely.
Similar versions of the bill have been previously introduced, so the content of SB 106 didn’t come as a surprise. What did surprise Democratic legislators, though, was its 11 p.m. approval out of committee on Thursday.
“There was no reason for that other than to get this hidden. Hidden, done and out of way and hoping nobody would pick up on it,” State Sen. Amanda Cappelletti, (D-Montgomery) said before the vote on Friday morning.
Democrats accused Republicans of trying to subvert the legislative process through a constitutional amendment, which bypasses the governor’s veto power.
Republicans said the amendment would pass the question of abortion rights to the people.
“In contrast to previous speakers who have said this is an effort to subvert the legislative process, it is an effort to ensure that the legislative process is not subverted again by a court system,” State Sen. Cris Dush, (R-Jefferson) said in comments before the vote.
A constitutional amendment needs to be passed in two consecutive legislative sessions. If the so-called “life amendment” also passes the state House before the legislature adjourns for the summer, it would then need to be passed again after January 2023.
Democrats’ plan to avert another passage of the bill is to retake the state House, where all seats are up for reelection in the fall.
“It is time for everyone who is upset about this, who is angry about this, to do more. Rallies are great, this is awesome. But we need to vote,” said Jill Dennin, a Democratic candidate for state Senate in western Montgomery County.
The final step to approve the amendment would be a referendum presented directly to voters on an election ballot. The earliest SB106 could reach voters is the spring primary elections of 2023.
The odds of voters passing the measure, however, is no sure bet. A convincing majority—85 percent—of Pennsylvanians think abortion should be legal under some or any circumstances, according to a May poll by F&M College.
Republican House leadership could not be reached for comment on Friday. However, party leaders said earlier in the week they wanted to bring the measure to vote in the House before the legislature adjourns for the summer, which it was supposed to have done last week.
The flurry of legislation comes even as the state budget has yet to be passed, more than a week after its deadline. The budget deal and summer adjournment could now be delayed further if the House schedules a vote for the amendment first.