Politics & Government

WA Senate passes reproductive ‘shield law.’ Bill now heads for the governor’s desk

Abortion rights activists demonstrate outside Washington’s Legislative Building in Olympia earlier this session as Senate committees heard testimony on a package of bills aimed at protecting reproductive rights.
Abortion rights activists demonstrate outside Washington’s Legislative Building in Olympia earlier this session as Senate committees heard testimony on a package of bills aimed at protecting reproductive rights. ssowersby@mcclatchy.com

A shield law to protect those from out of state who seek reproductive and gender-affirming healthcare in Washington was adopted by Senate lawmakers Monday with a 29-20 vote.

The bill will now head for Gov. Jay Inslee’s desk and if signed would go into effect immediately.

House Bill 1469 is sponsored by Rep. Drew Hansen, D-Bainbridge Island, and is co-sponsored by 26 other House Democrats.

The proposed legislation is aimed to prevent other states from interfering with their residents who choose to seek reproductive or gender-affirming care in Washington. Washington courts and law enforcement agencies would be restricted from complying with warrants, subpoenas, extradition or other court orders pertaining to those seeking reproductive or gender-affirming care in the state.

Businesses also would be restricted from complying with records requests and subpoenas related to a person from out of state seeking health care in Washington.

A cause of action is created in the bill in the event criminal actions are filed to prevent interference with protected health care. The Attorney General also would be authorized to bring action against those violating the law.

The legislation also sets definitions in statute for reproductive health care services as well as gender-affirming treatment.

Four amendments were proposed by Senate Republicans during the floor debate but none of those were adopted and one was withdrawn on the floor.

Sen. Yasmin Trudeau, D-Tacoma , spoke in favor of the legislation on the floor.

“The purpose of this bill is to ensure that those seeking care or those providing care for reproductive and gender-affirming care under the laws of our state are shielded from liability,” Trudeau said. “Washington voters and this Legislature have been very clear on this issue — we support the right to that access, we also support anyone who comes into this state to receive that access.”

Several Republicans spoke against the measure including Sen. Mike Padden, R-Spokane Valley.

He said that it is one thing when policies affect people in the state of Washington, but said it is another thing when the state wants to “promote abortion tourism.”

“When we try to negate these laws, we’ve gone too far under the Full Faith and Credit Act,” Padden said.

He said the reason he is in the Legislature is because he believes in the “right to life” and he was concerned about being a voice for unborn children. Padden said there are two sides to the abortion issue, and thinks it’s “fundamentally wrong” that the proposed law could violate the constitution.

The move to adopt the legislation comes after neighboring Idaho adopted some of the strictest abortion laws in the country, including limiting travel for those seeking reproductive and gender-affirming services out of the state.

Washington leaders also are taking other preemptive steps to protect abortion access for people in the state.

Last week, Inslee and state Democratic lawmakers announced that the state had purchased a 3-year supply of the abortion medication mifepristone ahead of a federal Texas ruling challenging the Food and Drug Administration’s approval of drug that is also used for other medical purposes.

That ruling came down at the same time a federal judge in Washington ruled that access to the drug could not be hindered. The opposing opinions will most likely be settled by the U.S. Supreme Court.

HB 1469 is one of several reproductive health care bills that were introduced this session.

The last day of the legislative session is April 23.

Shauna Sowersby
The Olympian
Shauna Sowersby was a freelancer for several local and national publications before joining McClatchy’s northwest newspapers covering the Legislature. Support my work with a digital subscription
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER