A measure protecting health care workers who perform abortions across the islands, including procedures on women traveling here from out of state, passed out of both chambers at the state Legislature Friday and now heads to Gov. Josh Green’s desk for his signature.
Senate Bill 1 ensures abortion protections in Hawaii following the U.S. Supreme Court’s June ruling in Dobbs v. Jackson overturning a woman’s right to an abortion, which was set down in Roe v. Wade in 1973.
The final version of the bill emphasizes that Hawaii shall not deny or interfere with a pregnant person’s right to choose to obtain an abortion or terminate a pregnancy if necessary for health reasons. It also prohibits the release of information about reproductive health care services and protects health care workers who perform abortions from legal actions brought by states that restrict abortions.
Other provisions in SB 1 would allow licensed physician assistants to perform certain abortions and repeal the requirement that the procedure be performed only at certain facilities.
“It is imperative that we strengthen the state’s policy to affirm protection of the rights of individuals to obtain reproductive care,” said House Majority Leader Nadine K. Nakamura (D, Hanalei-Princeville- Kapaa) in a statement Friday. “Today’s vote ensures the protection of our daughters, sisters, and our future generations.”
Since January, when newly elected legislatures began to convene for the first time since the Dobbs v. Jackson Women’s Health Organization decision ended national abortion rights, more than 500 abortion- related bills have been proposed in states across the country.
A majority of those bills aim to restrict abortion access. However, in Hawaii and in other states where Democratic legislatures have strong majorities, efforts are ongoing to strengthen abortion protections.
Green, a medical doctor, was unavailable to comment Saturday but has said on numerous occasions that he supports reproductive health rights, which he believes fall under medical care. It was announced in February that Green had joined the Reproductive Freedom Alliance, a nonpartisan coalition of more than 20 governors committed to protecting and expanding reproductive freedom in their states.
“As a physician, husband and father as well as Governor of Hawaii, I know reproductive rights are a critical and central healthcare matter for all families,” he said in a news release on the Reproductive Freedom Alliance. “A woman’s right to choose and therefore control her own reproductive rights, was codified in Hawaii law. Hawaii was, in fact, the first state to allow safe, legal abortion care, effective as of March 11, 1970. That was three years before Roe v. Wade legalized this aspect of healthcare policy across the U.S.”
Planned Parenthood Alliance Advocates on Friday called SB 1 “the most impactful reproductive health legislation in recent history” and urged Green to promptly sign it.
“This session, the Hawaii State Legislature sent a clear message that we will protect our health care providers and anyone who seeks or supports others in obtaining abortion in Hawaii,” said Jen Wilbur, Hawaii state director for Planned Parenthood Alliance Advocates, in a statement. “As attacks against reproductive health ramp up across the country, it could not have come at a more crucial time and our lawmakers stepped up when we needed them most.”
Rep. Linda Ichiyama (D, Salt Lake-Moanalua Valley) noted there was broad community support for SB 1 in both the House and Senate.
“We heard directly from nurses and doctors how important this measure is to their ability to practice medicine. I am proud to stand by Hawaii’s health care providers and ensure that they are protected from out-of-state litigation and are able to care for our families,” she said in a statement Friday.
The measure was endorsed by the state Department of the Attorney General, the state Department of Health and the state Department of Human Services, as well as the labor union Unite Here Local 5 and many organizations focused on health care and personal rights.
DHS Director Cathy Betts said in written testimony on SB 1 that “current developments in the national legal landscape threaten individuals’ right to privacy at a time when health care decisions should be made in a stress-free environment.”
“Aggressive legal actions also threaten health care providers and our staff who assist in accessing or providing services,” she said. “This bill helps further clarify and provides some protections from the threat of litigation or harassment for the provision of legal health care services in our state.”
The latest version of the bill, which was discussed over 300 pages of testimony, also drew opposition from organizations such as the Hawaii Federation of Republican Women and numerous individuals, especially those who believe life begins at conception.
Ronald Gouveia submitted written testimony Wednesday saying, “Lower medical requirements may bring harm to women. I am against abortion not because I am against women’s rights, but because I think the fetus has rights too and is the more vulnerable.”
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The New York Times contributed to this story.
