By Deacon Mike Manno
(The Wanderer) – The Democrats in Colorado have
enacted a new law that prohibits the use of the drug progesterone to offset the
tragic effects of the abortion bill.
Just a
little background. Progesterone is produced naturally and is used regularly to
assist pregnant women at risk for miscarriage or pre-term birth. Progesterone
assists the mother’s body to produce nutrients for the developing fetus —
nutrients without which the fetus would die and be expelled from the mother’s
body.
Thus, for
decades progesterone has been used to prevent the loss of the fetus.
Now when a
woman seeks a non-surgical abortion by use of the abortion pill, the
medications work to undo what progesterone does. The abortion pill is a
two-step process. In the first step the woman takes mifepristone, a pill that
blocks progesterone receptors, blocking the delivery of nutrition and oxygen to
the developing child which results in its death. A second pill, misoprostol, is
taken 24 hours later which causes the expulsion of the dead child.
Crisis
pregnancy centers around the nation have found that women using progesterone
after having taken the first abortion pill, mifepristone, can serve to
re-establish nutrition and oxygen to the fetus, thus saving the pregnancy. In
fact, in several states the use of progesterone to reverse the effects of the
abortion is required information that must be given to abortion-minded women
seeking a non-surgical abortion.
But not in
Colorado where the baby-killers in charge determined that informing pregnant
women of this option is a deceptive trade practice which should subject medical
personnel and their clinics to heavy fines and the revocation of their
licenses.
In April the
overwhelmingly Democrat legislature passed SB23-190 which prohibits the use of
progesterone for only one thing — to prevent women who have changed their mind
about the abortion pill to step back, reassess their status, and to continue
their pregnancy.
In other
words, in Colorado women are not free to change their minds about abortion, but
must continue to kill their offspring regardless of the reason why. So ardent
are these pro-abortion politicians that any medical measure to reverse an
abortion must be outlawed.
Into this
comes a set of mother-daughter Catholic nurse practitioners who operate an
independent health care facility, Bella Health and Wellness, offering “life
affirming” care. It has successfully used progesterone to save pregnancies from
the final effects of the abortion pill regime. But, of course, saving babies is
not in the best interest of the politicians who run the state so Bella Health
and Wellness found itself subject to enormous fines and the nurses a loss of
their professional licenses.
With the
help of Becket Law (formerly the Becket Fund for Religious Liberty), Bella
Health filed suit in federal court against the state and its administrative
agencies tasked with enforcing the law.
“Although
Colorado claims to recognize the ‘fundamental right to continue a pregnancy,’
its new law, SB 23-190, actively thwarts women from making that choice, and
makes it illegal for nurses and doctors to assist them or even inform them
about their options,” said the lawsuit.
The suit
argues that the law advances no public health goal and irreparably harms
pregnant women that could be helped by the clinic.
“Indeed,
mere hours before SB 23-190 took effect, a woman contacted Plaintiffs,
requesting their help in reversing an abortion after taking mifepristone. Under
Bella’s care, she received an initial dose of progesterone to reverse the
effects of mifepristone and is now under follow-up care. SB 23-190 would
deprive this woman of the ability to exercise her fundamental right to continue
her pregnancy, leaving her at risk of being forced to undergo an abortion she
no longer desires,” the suit alleges.
“It also forces Plaintiffs to imminently choose between exercising their
sincerely held religious beliefs by offering this woman and her child
life-affirming health care — or facing the loss of their licenses and severe
financial penalties,” it said.
The lawsuit
alleges that the law was based on anti-religious animus, citing its legislative
history and statements of its sponsors, one of which is mentioned here:
“The debate
surrounding SB 23-190 shows that it targets religious organizations in Colorado
that offer alternatives to abortion. Sen. Janice Marchman, one of the bill’s
sponsors, stated that the bill’s reference to ‘anti-abortion centers’ referred
to ‘faith-based organizations’ that offer alternatives to abortion in Colorado.
She labeled these organizations ‘fake clinics’….
“Marchman
lamented that ‘Colorado has more than 50 religious-based’ organizations ‘that
encourage women to keep their babies or link them with adoption agencies,’ and
she accused these ‘ideologically driven’ religious organizations of ‘trad[ing]
on the goodwill of legitimate medicine to defraud patients’ by ‘us[ing]
disinformation, intimidation, shame, and delay tactics to withhold essential
and time-sensitive reproductive healthcare’ and by ‘lur[ing] people in and
steer[ing] them away from abortion.
“Marchman
also stated that these ‘fake clinics’ were the ‘only ones that can prescribe
abortion pill reversal.’ And she argued that these ‘fake clinics’ must be
stopped from offering this ‘life threatening’ procedure,” the suit argued
[cites omitted].
Of course,
the naming of names didn’t end there. The suit continued to quote
anti-religious language from several of the other sponsors of the bill.
The suit
alleges that the law violates the Free Expression Clause of the First
Amendment, in several respects; violation of the Fourteenth Amendment, Due
Process and Equal Protection Clauses; and the law was void for vagueness.
It asked
that the law be declared unconstitutional, for damages and attorney’s fees.
On April 14
this lawsuit was filed. On April 24 the court held a hearing during which state
officials promised that it would not in any way try to enforce the law until
the matter could be tried in court. On April 28 the court entered the
stipulation in a separate order and further ordered that the state must file a
status report within two days of any “material action” that occurs in the
rulemaking process as set forth by the law in question.
Since this
is coming out of Colorado I have few hopes that it will be resolved quickly.
The state is deep blue and has administrators who will keep at it until they
have their way. For example, Jack Phillips of Masterpiece Cakeshop won his
truffle with state administrators at the Supreme Court over refusing to bake a
cake for a same-sex marriage. So, what did the state do? It went after him for
refusing to bake a “transition” cake, celebrating an individual’s sexual
transition.
There’s
another case from Colorado in front of the High Court right now, 303 Creative,
in which graphic designers offer designs and websites celebrating traditional
marriage, but are restricted in doing so because of the state’s interpretation
of its public accommodations law. That’s what you get when you paint your state
so blue that it loses all common sense.
The state
has been turned over to people who are so single-minded and who will not back
down or accept a loss. This may take years followed by Progesterone II, III,
and possibly IV.
(You can reach Mike at: DeaconMike@q.com and listen to him every weekend on Faith On Trial or podcast at https://iowacatholicradio.com/faith-on-trial/)
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