In another show of the Democrats' new power in Albany, the New York State legislature voted to codify the abortion rights in the U.S. Supreme Court decision Roe v. Wade into New York law on Tuesday. Gov. Andrew Cuomo promptly signed the bill.
The measure establishes the right of women in New York state to choose abortion without restriction up to the 24th week of pregnancy, and after that if the life or health of the mother is threatened or if the fetus is determined not to be viable.
Senate Majority Leader Andrea Stewart-Cousins, who achieved her post when Democrats won several seats in last November’s elections, said the bill was a top priority because President Donald Trump’s appointments to the Supreme Court threaten the landmark decision.
“That moment where they actually, on a national level, might reverse women’s rights is here,” Stewart-Cousins said. “Today, in New York, we are saying no.”
The Democratic-led State Assembly has already approved the measure in several previous sessions.
During debate on the Senate floor, several newly elected Democrats rose to explain their vote, saying the measure is long overdue. Freshman Sen. Allesandra Biaggi worked on the bill when she was a junior attorney in the governor’s office just a couple of years ago. She said she was told by others that the measure would never pass.
“I hope that all of New York is watching today, and that they recognize that elections have consequences” Biaggi said. “When you vote for people who stand up for your rights, your rights become protected.”
Several Republican senators voted no, including Sen. Daphne Jordan, who said strengthening abortion rights contributes to what she calls a “throw away” culture.
“A baby inside its mother is not an inanimate object, it’s a life,” said Jordan. “Think about what you’re allowing to be tossed away with a yes vote.”
Some GOP Senators also expressed concerns over what they say is an unintended consequence of the bill. The measure decriminalizes all forms of abortion in New York, even in domestic violence cases where an attack on a woman leads to the loss of her fetus.
Sen. Kathy Young a Republican from Olean, says because of that, the bill takes away some rights from pregnant women. She offered an amendment that would make it a class D felony for “knowingly assaulting a pregnant woman” whether or not the fetus is lost.
“Why aren’t we protecting pregnant women from having their babies taken away from them, especially in such a violent manner?” Young asked.
The amendment was voted down along party lines.
The Senate sponsor of the Reproductive Health Act, Liz Krueger, said all of the state’s major anti-domestic violence advocacy groups back the measure. And she says there are already multiple crimes that the perpetrator of assault on a pregnant woman can be charged with.
“We have very strict criminal statutes for when people attack people,” Krueger said.
Advocates were exhilarated by the vote. Robin Chappelle-Golston, with Planned Parenthood Empire State Acts, the lobby group for Planned Parenthoods in New York says it is a “great day.”
“It’s huge,” Chappelle-Golston said. “People have been working on this issue for over a decade."
Opponents, including the Catholic Church and some evangelical protestant groups, said they are saddened by the vote.
Both houses of the legislature also approved a measure, known as the Comprehensive Contraceptive Care Act, that would ensure that New York’s women have access, through their health insurance policies, to affordable contraceptives.