Iowa House passes anti-abortion constitutional amendment — a goal that eluded Republicans last year

House lawmakers approved a constitutional amendment saying the Iowa Constitution does not protect abortion rights, achieving a goal that eluded a smaller Republican majority last year.

The measure passed the Republican-controlled chamber on a 55-44 vote Wednesday night after more than two hours of debate. Republicans argue the measure would counter the "judicial overreach" of an Iowa Supreme Court decision that affirmed abortion rights while Democrats say it would open the door to extreme restrictions on abortion.

Republicans proposed a similar measure last year, but House leaders did not bring it up for a debate in the full chamber. The party had a 53-47 majority in the House last year, but they now have a larger margin of 59-41.

Republican Reps. Jane Bloomingdale, R-Northwood, Lee Hein, R-Monticello, and David Maxwell, R-Gibson, joined every Democrat in voting against the measure. Rep. Dave Sieck, R-Glenwood, was absent.

The measure is likely to pass the Iowa Senate this year — where Republicans hold a 32-18 majority — as it did last year. If the Senate does approve it, the Legislature still would need to approve the language of the amendment again in 2023 or 2024 before it could appear on Iowans' ballots in the 2024 election.

The language of the proposed constitutional amendment, House Joint Resolution 5, states: "To defend and protect unborn children, we the people of the state of Iowa declare that this Constitution does not recognize, grant or secure a right to abortion or require the public funding of abortion."

Republicans are seeking to nullify a 2018 Iowa Supreme Court decision with the constitutional amendment. The decision found there is a fundamental right to abortion in the Iowa Constitution. Republican lawmakers argue the court overstepped its authority with that decision and essentially amended the Constitution by "judicial fiat."

"This amendment is needed to respond to the judicial overreach of the Iowa Supreme Court. The Legislature makes laws, the court interprets laws," said Rep. Steven Holt, R-Denison, the measure's sponsor.

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Democrats said the amendment could endanger women's access to birth control and in-vitro fertilization and block the right to have an abortion even in the cases of rape, incest or when a woman's life is in danger. They introduced changes to the amendment during Wednesday's debate, but Republicans voted them down.

Without state constitutional protections for abortion, Democrats said Republicans would be emboldened to try to ban the procedure. Previous restrictions Republicans approved — like a 72-hour waiting period to receive an abortion and a ban on abortions after a fetal heartbeat is detected — have been struck down by the courts under the Iowa Constitution.

"Right now the general assembly knows that a total ban on abortion would violate our state Constitution, so they don’t do it. But if HJR 5 is ratified, all bets are off," said Rep. Mary Wolfe, D-Clinton.

Holt, the only Republican who spoke during Wednesday's debate, repeatedly rebuffed the assertion that passing the amendment would lead to an abortion ban.

"This is not about outlawing abortion but rather about helping to protect reasonable laws already on the books that are endangered by the Planned Parenthood vs. Reynolds decision," Holt said, referring to the Iowa Supreme Court decision. 

Holt argued that passing the amendment would make the Iowa Constitution neutral on abortion. Abortion would still be protected under federal law and federal court decisions, he said.

Democrats said if anti-abortion advocates achieve their decades-long goal of overturning the U.S. Supreme Court's 1973 Roe v. Wade decision, abortion would likely be outlawed in Iowa.

"Rep. Holt, in each of his objections to these amendments, is saying that this will remain legal under federal law. But we all know that Roe v. Wade is on rocky territory right now. We all know that," said Rep. Beth Wessel-Kroeschell, D-Ames.

Several Democrats told personal stories about their families' experiences with abortion. Others argued the House should be focused on other topics, like COVID-19 relief.

"I can’t even believe it. Three weeks in! Three weeks in and we are talking about reducing or eliminating a woman’s right to reproductive choice. I don’t know if I’ve ever in my life been this angry — ever," Wessel-Kroeschell said.

Iowa law currently bans most abortions after 20 weeks of pregnancy. Republicans, who control the House, Senate and governor's office, have also passed other laws to restrict abortions in Iowa in recent years.

More abortion-related bills are under consideration this year.

On Tuesday, House Republicans advanced a bill that would require doctors to provide women seeking medication-induced abortions with information about reversing the pills' effects — information that critics say is unproven and scientifically disputed.

On Thursday, a Senate subcommittee will consider a bill that would allow Iowans to request a "certificate of nonviable birth" to be issued when a pregnancy is lost after a heartbeat is detected but before 20 weeks gestation.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at sgrubermil@registermedia.com or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.