Legislature approves near-total abortion ban, gov. signs defense bill

LITTLE ROCK -- Arkansas lawmakers on Wednesday approved legislation banning nearly all abortions, sending the bill to Republican Gov. Asa Hutchinson, who has expressed reservations about the move.

Also Wednesday, Hutchinson signed into law a measure easing the state's restrictions on the use of deadly force in self-defense, but urged conservatives who pushed for the legislation to pass a hate crimes proposal they've so far resisted.

The majority-Republican House voted 75-18 for the abortion bill, which bans all abortions except those to save the life of the mother in a medical emergency. The bill, which passed the Senate last month, does not include any exceptions for rape or incest.

Arkansas is one of at least 14 states where outright abortion bans have been proposed this year, an effort by conservative Republicans to force the U.S. Supreme Court to revisit its 1973 Roe vs. Wade decision that legalized the procedure nationwide.

"It's time for this decision to be overturned in the Supreme Court," Republican Rep. Mary Bentley, a sponsor of the measure, told House members.

Another sweeping abortion ban was signed into law by South Carolina's governor last month but was quickly blocked by a federal judge due to a legal challenge by Planned Parenthood. Alabama enacted a near-total ban on abortions in 2019 that has been blocked because of court challenges.

Hutchinson, who has approved several major abortion restrictions since taking office in 2015, stopped short of saying whether he'll sign this bill and told reporters he'd make a decision next week.

"It's pro-life legislation and I support pro-life legislation," Hutchinson said shortly before the House vote. The governor has five days, not counting Sunday, after the bill is delivered to him to take action before it becomes law without his signature.

The governor previously said he's concerned about the ban not including rape and incest exceptions, and the direct challenge to Roe vs. Wade. An attorney for National Right to Life told Hutchinson in a letter that the chances of the legislation leading to overturning Roe vs. Wade were "very small and remote."

National Right to Life has not taken a position on the bill, though its state affiliate and other anti-abortion groups in Arkansas have backed the measure.

Democrats called the measure extreme and said such an outright ban if enacted would lead to women taking dangerous steps to end their pregnancies.

"We don't have to make women in this state collateral damage simply to advance a political cause," Democratic Rep. Ashley Hudson said.

Arkansas has some of the strictest abortion laws in the country and two years ago Hutchinson signed into law a measure that would trigger an abortion ban if the Roe decision was overturned. Another law Hutchinson signed in 2019 banning abortion 18 weeks into a woman's pregnancy is on hold because of a court challenge.

Abortion rights groups have said they're prepared to challenge the outright if it's enacted. Planned Parenthood called the bill the "equivalent of a demand letter" to the Supreme Court.

"This abortion ban is plainly unconstitutional and we stand ready to challenge it and any effort to block Arkansans from care or dictate their personal medical decisions," the American Civil Liberties Union of Arkansas said in a statement. "We will be seeing the state of Arkansas in court again."

'Stand Your Ground' law

The measure signed by Hutchinson on Wednesday removes the duty to retreat before deadly force can be used, despite past concerns he's raised about changing the state's self-defense law.

A similar measure stalled in the Legislature two years ago, but the bill this year moved more easily after groups such as the state's sheriffs' and prosecutors' associations that previously opposed it said they're neutral to the latest version.

Hutchinson said he was persuaded by law enforcement groups dropping their opposition, though acknowledged the fears from Black lawmakers and others that it will lead to more violence against people of color.

"I have no doubt these concerns are heartfelt and real, but there's nothing in the language of the bill that would lead to different outcomes in our criminal justice system," Hutchinson told reporters.

Supporters have said the bill is needed to give further legal protection to people who defend themselves, though opponents note state law previously allowed the use of deadly force without retreating in some situations.

"The evidence is stunningly clear: this law will make Arkansas less safe," said Kate Fletcher, a volunteer with the Arkansas chapter of Moms Demand Action, said in a statement released by the group.

At least 28 states have "Stand your Ground" laws, according to the Giffords Center to Prevent Gun Violence. The most recent was signed into law by Ohio's governor earlier this year. Arkansas' law won't take effect until 90 days after the Legislature adjourns this year's session.

The bill had the backing of the National Rifle Association. Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense.

"Victims have little time to react when confronted with a criminal attack, they should not be required to try and run away before defending themselves," Jason Ouimet, executive director of the National Rifle Association Institute for Legislative Action, said in a statement.

Hutchinson tried to connect the legislation to another bill he's advocating that would impose additional penalties for committing crimes against someone because of their race, sex, sexual orientation or other characteristics. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure.

"The justification for Stand Your Ground and laws addressing targeted crimes are the same: the fundamental right of all citizens to feel safe," Hutchinson said.

Hutchinson also signed legislation that makes the state's voter ID law even stricter by no longer allowing people without identification to cast a ballot if they sign an affidavit. Hutchinson said the new law should be monitored, saying changes may need to be made if voters aren't provided "necessary assistance" in voting.

Democrats and voting rights groups have criticized the push to remove the affidavit option without any evidence of it leading to voter fraud. Nearly 2,700 voters in Arkansas without ID used the affidavit option in last year's election and had their vote counted, according to numbers compiled by the American Civil Liberties Union of Arkansas, which opposed the legislation.

The new law will still allow someone without ID to cast a provisional ballot that will be counted only if they present an ID to the county clerk or election board by noon the Monday following the election.

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