Iowa abortion ban goes into effect July 29; ‘a victory for life,’ says governor

by Barb Arland-Fye, OSV News

(OSV News) — An Iowa law banning abortions after a fetal heartbeat is detected, even as early as six weeks of pregnancy, will go into effect July 29 after a Polk County district judge struck down the ban on the law.

The law takes effect a month after the Iowa Supreme Court, in a 4-3 ruling, overturned a district judge’s decision that blocked enforcement of the law.

The Iowa Supreme Court remanded the case to vacate the temporary injunction back to the Polk County District Court. “Therefore, the temporary injunction is deemed to be terminated as of 8 a.m. Monday, July 29, 2024, and the statute is fully enforceable,” U.S. District Judge Jeffrey Farrell of Iowa’s 5th Judicial District said in his July 22 ruling.

“We are pleased that the heartbeat abortion law can be upheld. As the Iowa bishops have said, ‘Human life is precious and must be protected in our laws to the greatest extent possible,'” said Tom Chapman, executive director of the Iowa Catholic Conference, the public policy arm of the state’s bishops. “The fact that the law is going into effect should spur us to be even more diligent in standing with mothers and families in need and providing them with care, love and support,” he told The Catholic Messenger, the newspaper of the Diocese of Davenport.

“Today is a victory for life,” Iowa Gov. Kim Reynolds said in a statement on July 23. “There is nothing more sacred and no cause more worthy than protecting innocent unborn lives. With the fetal heartbeat law finally taking effect, our work will continue to strengthen Iowa’s culture of life. I remain strongly committed to supporting women in planning for motherhood, promoting the importance of fatherhood, advancing adoption and protecting in vitro fertilization (IVF). Families are the foundation of society, and policies that encourage strong families will make our state and our country strong for generations to come.”

Planned Parenthood North Central States held a virtual press conference on July 26, during which abortion rights advocates expressed disappointment and concern about the implications of what Dr. Sarah Traxler described as a “reckless ban” that “gives politicians control over Iowans’ bodies and futures.” Planned Parenthood plans to direct those seeking abortions to states where the procedure remains legal.

Iowa’s law banned elective abortions after 20 weeks of pregnancy. Iowa is now the 22nd state to ban abortion or restrict the procedure earlier in pregnancy than Roe v. Wade allowed before the U.S. Supreme Court overturned that decision in its 2022 Dobbs ruling.

In its June 28 ruling, the Iowa Supreme Court said: “We have previously held that abortion is not a fundamental right under the Iowa Constitution. . . Applying our established standards of review, we hold that abortion restrictions alleged to violate the Due Process Clause are subject to the rational basis test. Applying that test here, we conclude that the fetal heartbeat law is rationally related to the state’s legitimate interest in protecting unborn life.”

Signed into law in 2023, the law prohibits doctors from performing abortions after detecting a fetal heartbeat, with certain exceptions. The law includes exceptions that allow abortions after detecting a fetal heartbeat if there is a medical emergency or if the pregnancy is the result of rape or incest.

The medical emergency exception allows an abortion to “preserve the life of a pregnant woman whose life is endangered by a physical condition, physical disease, or physical injury, including a life-threatening physical condition caused by or resulting from the pregnancy,” the Iowa Supreme Court has held.

“Unfortunately, some people are spreading confusion about the distinction between necessary medical interventions and elective abortion procedures,” Chapman said. “The law allows women to get the emergency medical care they need.”

Although the law comes into effect on July 29, the possibility of a lawsuit in district court remains, he added.