Senate
Joint
Resolution
2003
-
Introduced
SENATE
JOINT
RESOLUTION
2003
BY
PETERSEN
,
TOWNSEND
,
BISIGNANO
,
KNOX
,
BLAKE
,
DREY
,
HARDMAN
,
STAED
,
DONAHUE
,
DOTZLER
,
ZIMMER
,
WINCKLER
,
QUIRMBACH
,
and
WEINER
SENA
TE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
relating
to
the
right
to
reproductive
2
care.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2003
Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
proposed:
2
Article
I
of
the
Constitution
of
the
State
of
Iowa
is
amended
3
by
adding
the
following
new
section:
4
Sec.
26.
Right
to
reproductive
care.
5
1.
The
sovereign
state
of
Iowa
affirms
and
recognizes
6
the
right
to
reproductive
freedom
to
be
a
fundamental
7
individual
right.
The
state
shall
not
deny
or
interfere
with
8
an
individual’s
reproductive
freedom
and
an
individual’s
9
private
decisions
concerning
reproductive
freedom
shall
not
be
10
infringed.
An
individual’s
right
to
reproductive
freedom
shall
11
not
be
denied,
burdened,
or
infringed
upon
unless
justified
by
12
a
compelling
state
interest
achieved
by
the
least
restrictive
13
means.
Reproductive
freedom
includes
but
is
not
limited
to
14
prenatal
care,
childbirth,
postpartum
care,
contraception,
15
sterilization,
abortion
care,
miscarriage
management,
and
16
infertility
care.
17
2.
Notwithstanding
subsection
1,
the
state
may
regulate
18
the
provision
of
abortion
care
after
fetal
viability,
provided
19
that
under
no
circumstance
shall
the
state
prohibit
an
abortion
20
that,
in
the
professional
judgment
of
an
attending
health
care
21
professional,
is
medically
indicated
to
protect
the
life
or
22
physical
or
mental
health
of
the
pregnant
individual.
For
23
the
purposes
of
this
subsection,
“fetal
viability”
means
the
24
point
in
pregnancy
when,
in
the
professional
judgment
of
an
25
attending
health
care
professional
and
based
on
the
particular
26
facts
of
the
case,
there
is
a
significant
likelihood
of
27
sustained
survival
of
the
fetus
outside
the
uterus
without
the
28
application
of
extraordinary
medical
measures.
29
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
30
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
31
to
the
general
assembly
to
be
chosen
at
the
next
general
32
election
for
members
of
the
general
assembly,
and
shall
be
33
published
as
provided
by
law
for
three
consecutive
months
34
previous
to
the
date
of
that
election.
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S.J.R.
2003
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
joint
resolution
proposes
an
amendment
to
the
4
Constitution
of
the
State
of
Iowa
relating
to
the
right
to
5
reproductive
care.
6
The
proposed
amendment
provides
that
the
right
to
7
reproductive
freedom
is
a
fundamental
individual
right;
8
the
state
shall
not
deny
or
interfere
with
an
individual’s
9
reproductive
freedom
and
an
individual’s
private
decisions
10
concerning
reproductive
freedom
shall
not
be
infringed.
The
11
proposed
amendment
declares
that
the
right
shall
not
be
denied,
12
burdened,
or
infringed
upon
absent
a
compelling
state
interest
13
achieved
by
the
least
restrictive
means.
14
The
proposed
amendment
defines
reproductive
freedom
15
to
include
prenatal
care,
childbirth,
postpartum
care,
16
contraception,
sterilization,
abortion
care,
miscarriage
17
management,
and
infertility
care.
18
The
proposed
amendment
provides
the
exception
that
the
19
state
may
regulate
the
provision
of
abortion
care
after
fetal
20
viability
provided
the
state
does
not
prohibit
an
abortion
21
that,
in
the
professional
judgment
of
an
attending
health
care
22
professional,
is
medically
indicated
to
protect
the
life
or
23
physical
or
mental
health
of
the
pregnant
individual.
“Fetal
24
viability”
is
defined
by
the
proposed
amendment.
25
The
joint
resolution,
if
adopted,
would
be
published
and
26
then
referred
to
the
next
general
assembly
(92nd)
for
adoption,
27
before
being
submitted
to
the
electorate
for
ratification.
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