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Texas Senate approves abortion sonogram bill

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The vote sends measure to the House

By PEGGY FIKAC

AUSTIN — Doctors would have to perform a sonogram at least two hours before an abortion and describe the fetus for the woman — including cardiac activity, internal organs and limbs — under a bill that sailed through the Texas Senate on Thursday.

The debate — marked by references to God and the right of "hairy-legged" men to drive changes in the procedure — culminated in a mostly party-line 21-10 vote that sends the measure to the House for consideration.

Three Democrats voted for Senate Bill 16: Sens. Eddie Lucio of Brownsville, Carlos Uresti of San Antonio and Judith Zaffirini of Laredo. One Republican, Sen. Jeff Wentworth of San Antonio, voted against it.

"This bill is about a woman's right to know," said Sen. Dan Patrick, R-Houston, author of the bill. "Because once that choice is made, it can never be reversed if they have the abortion."

Sen. Leticia Van de Putte said that if a woman chooses to give birth, and the motivation of the bill is to protect children, then "it's our responsibility to protect that child once the child is born, too," and not drastically cut the budgets from areas like vaccines and pre-kindergarten education.

"We seem to worship what we cannot see, but as soon as that baby is born, oh no, government doesn't want to be intrusive," said Van de Putte, a San Antonio Democrat. In a reference to conservative Grover Norquist's comment that he wanted to cut government to the size where he could "drown it in the bathtub," Van de Putte said, "Texas is going to shrink government until it fits into a woman's uterus."

Scriptural references

The bill was declared an emergency measure by Gov. Rick Perry, allowing for its quick consideration. Perry praised the Senate approval and said he looks forward to speedy House action.

"We know that when someone has all the information, the decision to choose life becomes clear," Perry said.

Under the bill, doctors would have to give women the option of viewing the sonogram and hearing the heartbeat, but they could refuse.

A woman could refuse to hear the doctor's description of the sonogram, however, only under certain circumstances: if the pregnancy resulted from a crime, including sexual assault or incest; if the mother was a minor and obtaining the abortion under judicial bypass procedures allowing her to do so without parental consent; or if the fetus had an irreversible medical condition or abnormality.

The sonogram requirement would be in addition to other information women already must receive under law before obtaining an abortion.

Sen. Bob Deuell, R-Greenville, a doctor, said that like Van de Putte, he is mystified by those who care about babies up until the point of birth. However, he said, an abortion is the only medical procedure with the object to kill a human being.

"Can we not at least give the baby at least one more chance for survival by giving that mother that information?" he asked.

Patrick several times made references to God, and in his closing comments quoted Scripture: " 'Before I formed you in the womb, I knew you.' He knows all of us."

Opponents said the measure would intrude on the doctor-patient relationship and could be traumatic for women. Several male senators who opposed it suggested the decision be left to women.

"I personally am a hairy-legged male who will never be pregnant," Wentworth said.

Sen. Mario Gallegos, D-Houston, said that although he is against abortion, he does not believe he should impose legislative restrictions on a woman about "how to govern her body."

Time frame changed

Another Houston Democrat, Sen. John Whitmire, concurred.

"Just because I represent a pro-choice view does not mean that I'm pro-abortion," he said. "It means as a father of two daughters, I want them to control their own bodies and make their own intelligent and rational decisions."

The bill passed after changes, including an amendment by Uresti that included requiring the sonogram at least two hours before the procedure, instead of 24 hours.

Uresti, who said his Senate district covers 55,000 square miles and has limited availability of medical facilities, said the change is necessary to avoid hardship for his constituents, who may have to drive a long way for medical services.

2011 Feb 18