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House overrides Beebe veto on 12-week abortion ban
By
David Harten
This article was originally published March 6, 2013 at 1:51 p.m. Updated March 6, 2013 at 5:16 p.m.
PHOTO BY AP
Sen. Jason Rapert, R-Conway, speaks in the senate chamber at the Arkansas state Capitol in Little Rock, Ark., Tuesday, March 5, 2013. The Arkansas Senate voted Tuesday to override Gov. Mike Beebe’s veto of Rapert's legislation that would ban most abortions from the 12th week of pregnancy onward and would give the state the most restrictive abortion laws in the country. (AP Photo/Danny Johnston)
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ROLL CALL
YEAS: 56- D. Altes
- Baird
- Ballinger
- Baltz
- Barnett
- Bell
- Biviano
- Bragg
- Branscum
- J. Burris
- Carnine
- Catlett
- Clemmer
- Collins
- Cozart
- Dale
- Davis
- Deffenbaugh
- J. Dickinson
- Dotson
- D. Douglas
- C. Douglas
- Eubanks
- Farrer
- Fite
- Gillam
- Gossage
- Hammer
- Harris
- Hickerson
- Hobbs
- Holcomb
- Hopper
- House
- Hutchison
- Jean
- Kerr
- Lea
- Linck
- Lowery
- S. Malone
- Mayberry
- D. Meeks
- S. Meeks
- Miller
- Neal
- Payton
- Rice
- Scott
- Shepherd
- Slinkard
- Wardlaw
- Westerman
- H. Wilkins
- Womack
- Mr. Speaker
- E. Armstrong
- Broadaway
- Copenhaver
- J. Edwards
- Ferguson
- Fielding
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- McCrary
- McElroy
- McGill
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- B. Overbey
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- Richey
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- T. Thompson
- Walker
- D. Whitaker
- B. Wilkins
- Williams
- Word
- Wren
- Wright
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- Hawthorne
- Jett
- Lenderman
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- F. Smith
- Vines
The Arkansas House of Representatives has voted 56-33 to override Gov. Mike Beebe's veto of a bill that would ban most abortions after 12 weeks' gestation.
Only a simple majority was needed to override Beebe's veto after the Senate on Tuesday voted 20-14 to do so.
The bill, sponsored by Sen. Jason Rapert, R-Bigelow, bans abortions after 12 weeks if a fetal heartbeat is detected. It will go into effect this summer.
"I can tell you today I'm grateful," Rapert said after the vote. "The eyes of this nation [have] been on the Arkansas House of Representatives today. And the eyes of this nation [have] seen that people are ready for change. I've heard from them .... Again, if there's a heartbeat, there's life and we're going to stand up for this law, regardless of who opposes it."
The law was originally vetoed by Beebe on Monday.
Rep. Ann V Clemmer, R-Benton, along with Rep. Bruce Westerman, R-Hot Springs, spoke in favor of the override in front of the committee on Monday, prior to the vote.
"I'm very happy, relieved," Clemmer said. "I mean, any other adjective. But I mean, it's a serious matter. I'm not having a victory dance here. I hope the court listens to us."
In an interview Tuesday with Arkansas Online, Rapert said he spoke with House members earlier that day who said they would support the bill in the override vote.
Outside the chamber, Rita Sklar, executive director of the American Civil Liberties Union for Arkansas, said the ACLU will move for litigation of the law "as soon as possible."
"It shows a disregard for women as human beings," Sklar said. "In fact, Representative Klemmer said, to my amazement, that a 12-week-old fetus has the right as a fully human person to protect itself against its own mother. Let's remember that at 12 weeks, a fetus cannot live outside its mother and pregnancy affects the mother's health, the well-being ... there are lots of reasons to have abortions and they should remain with the woman, her family and her doctor, and not give the choice over to the government."
Senate Bill 134 was the second abortion ban to be vetoed by Beebe and then overridden by lawmakers in as many weeks.
House Bill 1037, which banned abortions after 20 weeks' gestation, with some exceptions, was vetoed on Feb. 26. Lawmakers last week overturned the veto and made that bill law.
Beebe has said he vetoed the bills because he believes they are unconstitutional and will spur costly lawsuits.
The Arkansas Constitution states the policy of the state is "to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."
The Arkansas Department of Health shows that 815 abortions, or roughly 20 percent of all abortions, took place in Arkansas in 2011 at or after 12 weeks of gestation. The department shows a total of 4,033 abortions took place in 2011.
Read more about this story in Thursday's Arkansas Democrat-Gazette.
Comments on: House overrides Beebe veto on 12-week abortion ban
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RRYOUNG1961 says... March 6, 2013 at 2:09 p.m.
On next year's income tax form --- Check Yes to contribute to legal fees for irresponsible legislation.
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Path86 says... March 6, 2013 at 2:11 p.m.
ANOTHER sad day for Arkansas!
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edo1962 says... March 6, 2013 at 2:11 p.m.
Amen! Arkansas stands up today for those that cannot speak for themselves yet.
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Concerned_Citizen says... March 6, 2013 at 2:16 p.m.
I thought rupublicans wanted less government in thier lives....just shows what hipocrites they are....and don't even get me going on seperation of church and state....cause this right here is ALL about the church and nothing about personal freedoms!!!!
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ToTheLeft says... March 6, 2013 at 2:21 p.m.
C_C, you are so right, but they'll never see themselves. Big Brother is watching us. Next, they'll come for birth control and say it will be illegal to have sex unless you are trying to reproduce.
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edo1962 says... March 6, 2013 at 2:24 p.m.
Kelly-it's about the Child for once!
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Thinking says... March 6, 2013 at 2:28 p.m.
Less government should always a major objective, unless it involves abrogating a basic responsibilty of government. No one seems to object to laws that prohibit murder of those already born...or even the unborn if it is in a car wreck, etc. But somehow if the "mother" makes that decision, the unborn baby is less important than the "mother's" choice. It seems impossible to be consistent and oppose a law that would prohibit murder.
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KDcInsulBossRocks says... March 6, 2013 at 2:28 p.m.
I know y'all are ladies and all, but I still think you are idiots.. Contraceptive control is available to all and at zero cost. Why doesn't any sane persons advocate it's use. These ladies are laying in the sack with no regard to human life, why don't they lay in the sack after taking a simple pill or getting an implant. I'm tired of having to pay for irresponsible people's choices. 85% of the American people would vote to BAN abortion. I think we should vote instead of listening to the media...
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djigoo says... March 6, 2013 at 2:31 p.m.
Idiot Teabaggers and Talibangelicals. Thanks for making Mississippi look more like a bastion of progressivism and social justice, Arkansas!
I'm getting tired of being ashamed to be a native Arkansawyer.
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herenow says... March 6, 2013 at 2:33 p.m.
Let the lawsuits begin.
Here the legislature wouldn't even let a minimum wage increase bill out of committee, but they find it critically important to go against Federal law and pass the most restrictive anti abortion legislation in the nation. They also spent an inordinate amount of time on concealed carry permits but have not stepped up to pass legislation that will offer insurance coverage to many of those very women who can ill afford coverage for the children they now have, to say nothing of the other uninsured or under-insured constituents they say they represent.
Other than their opinion of what God sent them to Little Rock to do, who do they represent other than themselves and their fundamental religious beliefs.
I wonder how soon many of them would change his/her mind about this issue if a child, grandchild or little sister was caught in the web they have spun?
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djigoo says... March 6, 2013 at 2:35 p.m.
KD, how about the woman who discovers that her fetus has a serious problem and will not survive the full term....You expect this woman to just sit around in utter agony, awaiting the inevitable? I truly believe that YOU are the idiot. A cruel, misogynistic idiot.
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djigoo says... March 6, 2013 at 2:36 p.m.
(KD scrambles to find the definition of "misogynistic;" hilarity ensues.)
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taberahkj says... March 6, 2013 at 2:36 p.m.
Finally someone sticking up for fetal rights among all the talk of Woman's rights. We are all equal under the law and an unborn baby needs people to stand up for they're rights. Thanks congress for being a voice for the voiceless.
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mhck52 says... March 6, 2013 at 2:46 p.m.
"to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."
Since this whole thing apparently rides on a section of the State Constitution not violating the Federal Constitution, what does the Federal Constitution say on this subject. Amendment 14 - "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Now, can someone show me the word "unborn" here? It says "All persons born or naturalized in the United States" It doesn't just say you have to be a "Person" it says you have to be a person BORN in the U.S. or be naturalized to have full protection of the Constitution. I don't mind making partial-birth abortion illegal in the third trimester, but this is going way too far.
So now the question is, did the legislature pass a law that can't be enforced because it violates the federal Constitution?
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HZT says... March 6, 2013 at 2:47 p.m.
I have lived in Arkansas a long time and now I am getting very agitated. What makes these idiots think they can tell women what to do? I am ashamed of these cretins and whatever it takes, a lot of them won't be back after the next election.
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VoteRepublican says... March 6, 2013 at 2:51 p.m.
dijgoo: get your facts straight! This 12 week abortion ban allows for women to abort their child in the case of rape, incest, degenerative dieases that would ulitimalty not allow the child to live outside the womb at all or for a very short time as well as if the pregnancy is life threating to the mother.....I think this covers all areas that a mother should desire to abort her child beside convinence!
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hah406 says... March 6, 2013 at 3:06 p.m.
The facts are these. First, that viability is defined by law as 25 weeks gestation. The Supreme Court has said that abortion is legal up to the time of viability, and that the state cannot unduly interfere with that right.
Second is the misconception that a heartbeat equals a life. If that fetus is not capable of living independent of the mother, even with massive technological and medical assistance, then it is not viable.
The law has defined what constitutes viability and associated rights under the constitution. This is clearly unconsitiutional, and will do nothing but cost the state money while it is being struck down. If you want to challenge the feds on a point of consitutionality, you may, but don't do it on the tax-payers back. Finance it yourself Lord Rapert.
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HawgFan says... March 6, 2013 at 3:16 p.m.
Finally some people are willing to stand up for the unborn. Proud to be an Arkansan today!!!!
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edo1962 says... March 6, 2013 at 3:21 p.m.
The Children win today.
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Packman says... March 6, 2013 at 3:25 p.m.
A great day for life and a great day to be from ARKANSAS!
"It shows a disregard for women as human beings," Sklar said." - Hey Rita, we know abortion shows disregard for the unborn females that are being killed, but what about the young men? What does the ACLU have against men? Shouldn't you support men and women equally? Isn't that what the ACLU is all about? C'mon, Rita, stop being such a blatant hypocrite and sexist.
djigoo getting a fact straight - not in a million years. Bless djigoo's pea-picking little heart.
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TheBatt says... March 6, 2013 at 3:30 p.m.
Irresponsible legislation? In that case, lets vote to overthrow all laws about murder and assault, etc. After all, protecting life and limb are apparently "irresponsible".
Yes, I am fully aware that there WILL be lawsuits - lawsuits that will likely go eventually to the Supreme Court. But this is about doing what is right, not what is convenient. Indeed, God's Word is clear about those who do what is convenient without regard to what is ordained of God.
Further - the 1973 case, Roe V. Wade, was decided on incredibly stretched grounds - the right to PRIVACY. It was based on a woman who traveled to Texas to get an abortion because Texas allowed abortions in the case of rape (and incest). She was not raped, but made the whole thing up. She was denied an abortion because she could not document where she had filed a police report. The court ruled that the requirement to show documentation of rape was a violation of her rights (under privacy). They then opened the door via simply applying that to abortion across the board - essentially removing barriers that had no relation to that case at all.
But for those that feel the US Supreme Court is the final authority, and that their decisions are correct... you might ought to take a look back at another case that has a strange similarity to the Roe case -
Dred Scott v. Sandford, 60 U.S. 393 (1857)
The court then said that Blacks were not and could never be citizens - essentially deeming Blacks as not human.
The Supreme Court ruled in 1973, essentially, that unborn babies are not human (until natural birth).
Both decisions were wrong. The first was undone through several actions (both legal and in part through a war), the other is time to take action.
Abolish Human Abortion!
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KDcInsulBossRocks says... March 6, 2013 at 3:37 p.m.
Donnie I didn't remark about that because the law covers that. You can be certain I don't hate the ladies. I have been a victim of abortion on a couple of occasions and I really don't like much law injecting itself into our lives at every turn. I just have an opinion that we as people take the easy way out with abortion by not addressing the fact that people are running around willy nilly with our pants down and not taking responsibility for our actions.
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VoteRepublican says... March 6, 2013 at 3:41 p.m.
hah406: you said "Second is the misconception that a heartbeat equals a life. If that fetus is not capable of living independent of the mother, even with massive technological and medical assistance, then it is not viable."
Wow! Really! so lets look at this in another light. Lets say your mother or father was on life support. Certianly if you unplug him he/she will die in a short time. So one would say their life is not viable. However, its not viable becuase of injury or illness, but lets say that without a doubt 100% they would live, if you left them on life support for only maybe 8 to 12 more weeks. Would you still pull the plug on them? My thought would be NO you wouldnt and for a few reasons, memories with them good or bad, love, etc
But unfortunatly that is not a choice when a person is on life support, but it is a choice for a baby that is in a mothers womb. So I know what the law says, but law doesnt always equal what is right! A baby that is in the womb is a human and will most likely gain life if the mothers body doesnt naturally terminate the pregnacy. So viability is a copout and a place for left wing activist to hide when they morally can not concieve of what is right or wrong. They allow the government to give themselves comfort in knowing that its law so it must be ok. If you plan on having sex then you better plan on the possabilities of having a baby and if you dont want a baby then stay on birth control, make the man wear a condom and if you still turn up pregnant then learn your lesson and have your tubes tied or have the man in your life have a vasectimy. There are ways to avoid the "inconvience" of pregnancy!
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commentfromme says... March 6, 2013 at 3:45 p.m.
to hah406-- what happens to your life when your heart no longer beats? Also, should you at some point in your life have some trouble with your beating heart and breathing and require "massive technological and medical assistance" should we deem your life no longer viable?
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ARMind says... March 6, 2013 at 4:06 p.m.
Where are the gun control laws? They kill innocent lives as well? You know why you won't see them? It’s because that is a man’s right to bear arms. It’s our Constitutional Right to bear arms and kill innocent people, but it is not a women's right to control her own body. Which killing is worse? The killing of an unborn fetus known by only the mother (who knows her complete situation she is under) or the killing of family member who just happen to be in the field of fire. Check out the numbers. The GOP takes up unequal justice for all. They would not dare touch the banning of a weapon that kills.
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Wassup says... March 6, 2013 at 4:20 p.m.
@edo1962 RIGHT! ... "cannot speak for themselves yet" AND cannot breathe yet, cannot pump blood, cannot form a thought, etc...
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JDEATON40 says... March 6, 2013 at 4:42 p.m.
The right to life is fundamental. If government does anything, it should protect life. This is a step in the right direction.
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Hoytusa03260747 says... March 6, 2013 at 5:19 p.m.
I think legislation done right.! BeeBee coward'd down to what is right. To think a woman has the right to kill . I think not. Cost of law suit. Ha. I work in L.R. And watch state vehicles parked at restrauants ect.... Waste of money. Sack lunch or use your own. BeeBee needs to stand up and man up instead of putting hand out for goverment handouts.. Baby is a baby. How can we allow this. Our son was diagnosed with trisomy 21 before birth 16yrs ago. Doctors argued at me and wife ta abort. He runs plays and gets in trouble like all children. Now every year the state tax and state soc sercurity reevaluates him to see if he has grown out of trisomy21. How ironic and what a waste of money. Got letter from state today. Determination forms for schools and a state paid federal assisted phycologist. Anyone whos had a 12th grade education should of learnt in biology class of genetic chromosome disorders. Ha. P.S. he can run computers. Ipads ect.... Not responisibly. But as good as most kids
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nwar says... March 6, 2013 at 5:40 p.m.
Please, all you religious fundies like to pretend you care about children. A 12 week old fetus is NOT a baby -- it has no brain stem, consciousness nor any ability to think or perceive pain. And if it is not inside your body it is not any of your business. Arkansas women who want an abortion will get one -- some in other states and some illegally, endangering themselves. And if some of those desparate women die, that would just be OK with you guys, wouldn't it?
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edo1962 says... March 6, 2013 at 6:36 p.m.
The children won today! Finally!
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NoCrossNoCrown says... March 6, 2013 at 8:25 p.m.
Raper has his head stuck so far up a womans body that he can almost claim to be reborn...
But leave it the the GOP to grow government and some how add god's name to their maddness.....
This bill has nothing to do with Christianity and all to do with control...
The problem is that they are the ones who are out of control.......but want to control..
Control - a womans body, who can vote, who you love, who is a Christian, who is American
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morebeer says... March 6, 2013 at 10:51 p.m.
The law, which doesn't go into effect for 90 days, so ACLU has plenty of time to find a generic federal judge who will injunction its unconstitutional ass, says the 12 weeks is measured from a woman's last menstrual event. The state is setting up a website, rapert-dot-org, for women to register their menstrual cycles so the State can calculate their right to an abortion should they decide to exercise that right.
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morebeer says... March 7, 2013 at 12:02 a.m.
A federal judge just struck down Idaho's 20-week abortion bill, saying it wasn't even close to constitutional. He also struck down two other of the state's anti-abortion measures.
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djigoo says... March 7, 2013 at 12:02 a.m.
Rapert is an inbred moron.
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TimberTopper says... March 7, 2013 at 4:51 a.m.
Women of Arkansas, you are now surely a 2nd class citizen! My suggestion would be to stop all sexual activity. Let the men of this state go without, and see just how long it
takes for those elected officials to be aborted themselves. I think you'll be surprised by the amount of support you will get to have your constitutional rights returned! You all know us guys can't hold out as long as you can!
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T6 says... March 7, 2013 at 8:22 a.m.
TimberTopper says..... You all know us guys can't hold out as long as you!
Guess you've never been an owner-operator?
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edo1962 says... March 7, 2013 at 10:36 a.m.
Morebeer! We see we're your priority is.
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Pobucker says... March 7, 2013 at 11:12 a.m.
As long as libs are attacking gun rights, it is perfectly fitting that conservatives attack abortion rights. Sauce for the goose is sauce for the gander, isn't it? Ya'll could call a truce and compromise. No, that's not gonna happen - conservatives and liberals are too damn arrogant to compromise.
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GrimReaper says... March 7, 2013 at 1:25 p.m.
Reading the pro abortion comments here
makes it is very clear as to why our society is on the fast road to hell.
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ARMind says... March 7, 2013 at 2:10 p.m.
We the voter need a defenestration of all legislatures which supported these two abortion bills. And their next planned attack on gun control laws. They are just trying their best to make a name for themselves and this new Republican controlled House and Senate. Since the Democrats have done such a poor job of it for all these years. They want to show the rest of the US that Arkansas has straightened out its act and it took a Republicans control legislature to do it. Let’s not forget our balance budget law that has kept Arkansas way ahead of the nation because we owe no other state or country. Will that also be on their sights to destroy?
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Beeper589 says... March 7, 2013 at 2:56 p.m.
It is a sad, sad day for Arkansas and our image on a National scale. I guess our state legislators want to send women's rights back to the 1950's and have women jobless, barefoot, and pregnant. We as a State look ridiculous to the rest of the Nation (baring Idaho, I guess). The only positive thing here is that I know in my heart that this law will be struck down in Federal court but at a cost to the State as well of a waste of time.
I would like to see our elected legislature take up some of the pressing issues with our State such as Medicare/Medicaid funding, education, extreme poverty, and hunger in areas of the state. Addressing these issues is how you will actually help CHILDREN that are here NOW and need our help. Maybe they haven't taken up those issues because they haven't a clue what to do about them. Or, perhaps they are now going to take up education and send that issue back to the 1950's again and segregate our schools. Look how well that turned out for Little Rock with their 50 years of lawsuits and all the millions wasted that could have been used to support and educate these children everyone is so concerned about. Once we learn how to care for the children that are already born, then maybe we can start to worry about the unborn, particularly those that cannot survive outside the womb on their own.
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GrimReaper says... March 7, 2013 at 3:26 p.m.
Lord, save us from ourselves! While we are trying to do something about the evil of killing
unborn CHILDREN, Beeper is worried about our national image and the cost of the lawsuits.
Then, in the next breath, she advocates much larger spending on welfare programs for
what have traditionally been family responsibilities. Of course families are finding it ever
more difficult to meet those responsibilities on their own because of....guess what? The ever growing burden of government which instituted those programs under the guise of helping us, but in reality to subjugate us! As I said earlier, we're on the fast road to hell..........
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Reason says... March 7, 2013 at 7:59 p.m.
It is NOT about abortion. It is politics.
These lawmakers are using the issue to stir the base. They vote on stuff that they know is going no where except their resume. They will print the list and pass it out in churches all over Arkansas for the next upcoming election. And all the while they are stuffing their pockets while playing the voters. It is a political strategy show.
.
Obviously, we have a bunch of christians that believe that fetuses don't go to heaven and would be better off unwanted in this life.
In other words, their politics is stronger than their faith.
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NoCrossNoCrown says... March 7, 2013 at 10:16 p.m.
I wonder if that woman he was snuggled up next to on a recent Delta Flight was as convinced of his zealousness to end her right to decide personal matters on her own, or is she willing to sign all her rights over to him and his GOP woman hating idiot peers.......
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Coralie says... March 9, 2013 at 12:12 p.m.
KD says "Contraceptive control is available to all and at zero cost....85% of the American people would vote to BAN abortion."
Contraceptives are free? Oh, I suppose you mean abstinence.
Maybe people should stop eating too. It's a filthy habit. Think of the money we'd save.
+++
You may feel like 85% of the American public agrees with you but "A 2009 poll by the Pew Research Center found that 46 percent of people say abortion should be legal in all or most cases; on the other side, 44 percent say abortion should always or mostly be illegal."
You've overestimated by a factor of two.
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Coralie says... March 9, 2013 at 12:19 p.m.
JDeaton says "If government does anything, it should protect life."
Yes, and instead of racketing up our military machine, we should work with all nations on universal disarmament, especially of nuclear weapons.
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BillSmith says... March 9, 2013 at 7:48 p.m.
GrimReaper.... In the beginning the earth was a great place to live, no polution, no greed, no hate, no wars, then humans showed up and things got bad, then one of those humans became a conservative and things wet to hell in a handbasket real quick.
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Populist says... March 11, 2013 at 7:32 a.m.
Djigoo,
I agree that Rapert is a moron; I don't know if he is inbred though. However, I don't quite understand why a woman cannot make a decision to terminate a pregnancy by 20 weeks or even twelve. Only if there are medical complications or a damaged fetus should there be a reason to terminate later. Reason, of course, is correct that the Republicans and the Democrats use this issue as a fundraising ploy. With free contraception, better social services and medical services, better support for adoption, we could decrease the number of abortions in this country, but our politicians are fundraisers--not problem solvers.
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