by Barb Arland-Fye, OSV News
(OSV News) — Iowa’s law banning abortion after a fetal heartbeat is detected, as early as six weeks into pregnancy, will take effect July 29, after a Polk County District judge lifted the injunction against the law.
The law will take effect one month after the Iowa Supreme Court, in a 4-3 decision, reversed a district court judge’s decision that blocked enforcement of the statute.
The Iowa Supreme Court remanded the case to dissolve the temporary injunction back to Polk County District Court. “Accordingly, the temporary injunction shall be deemed dissolved effective 8 a.m. on Monday, July 29, 2024, and the law may be fully enforced,” District Judge Jeffrey Farrell of the 5th Judicial District of Iowa said in his July 22 ruling.
“We’re pleased to see that the heartbeat abortion law can be enforced. As the Iowa bishops have said, ‘Human life is precious and should be protected in our laws to the greatest extent possible,'” said Tom Chapman, executive director of the Iowa Catholic Conference, the public policy arm of the state’s bishops. “The fact that the law is going into effect should call us to be even more diligent about standing with moms and families in need and providing care, love and support,” he told The Catholic Messenger, newspaper of the Diocese of Davenport.
“Today is a victory for life,” Iowa Gov. Kim Reynolds said in a July 23 statement. “There is nothing more sacred and no cause more worthy than protecting innocent unborn lives. As the fetal heartbeat law finally takes effect, our work will continue to strengthen a culture of life in Iowa. I remain deeply committed to supporting women in planning for motherhood, promoting the importance of fatherhood, elevating adoption, and protecting in vitro fertilization (IVF). Families are the foundation of society, and policies that encourage strong families will make our state and country strong for generations to come.”
Planned Parenthood North Central States held a virtual press conference July 26, during which advocates for a right to abortion expressed their disappointment and concern over the ramifications of what Dr. Sarah Traxler described as a “reckless ban” in which “politicians have control over Iowans’ bodies and futures.” Planned Parenthood plans to guide those seeking abortions to states where the procedure remains legal.
Iowa law had prohibited an elective abortion after 20 weeks of pregnancy. Iowa is now the 22nd state that bans abortion or restricts the procedure earlier in pregnancy than Roe v. Wade allowed before the U.S. Supreme Court overturned that decision with its Dobbs ruling in 2022.
In its June 28 ruling, the Iowa Supreme Court said, “We have previously held that abortion is not a fundamental right under the Iowa Constitution. . . Applying our established tiers of scrutiny, we hold that abortion restrictions alleged to violate the due process clause are subject to the rational basis test. Employing that test here, we conclude that the fetal heartbeat statute is rationally related to the state’s legitimate interest in protecting unborn life.”
Signed into law in 2023, the statute prohibits physicians, with certain exceptions, from performing an abortion after detecting a fetal heartbeat. The statute includes exceptions that allow an abortion after detection of a fetal heartbeat if a medical emergency exists or if the pregnancy resulted from rape or incest.
The medical emergency exception allows an abortion to “preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy,” the Iowa Supreme Court said.
“Unfortunately, some people are spreading confusion about the distinction between any needed medical interventions and elective abortion procedures,” Chapman said. “Under the law, women can receive the emergency health care she needs.”
Although the law is set to take effect July 29, the possibility of a trial at the district court level remains a possibility, he added.
