Bill that guarantees abortion access in Delaware awaits governor's signature

A bill that would guarantee that abortion remains legal in the state of Delaware in the event that Roe v. Wade gets overturned has been passed by the state legislature and is headed to Gov. John Carney's desk.

On Tuesday, the Delaware state House voted 22–16 to approve a legislature that aims to codify at the state level the provisions of Roe v. Wade, the 1973 Supreme Court that legalized abortion nationwide. The legislation was approved by the Senate last month, and it is now awaiting the signature of the governor.

Carney said he would sign the legislation, which would make Delaware to potentially become the first state to guarantee abortion access since the election of President Donald Trump.

During the campaign period, Trump had promised to appoint Supreme Court justices that would overturn Roe v. Wade and leave it up to the states to decide whether to legalize abortion.

"By taking this step Delaware will be the first state since the election to protect abortion rights," said Elizabeth Nash, a policy analyst with the Guttmacher Institute, which keeps track on abortion policies.

ABC News reported that the measure would strike down the current restrictions on abortion and would allow the procedure to be performed up to the point of viability of the fetus. The legislation defines viability as the point in pregnancy when the fetus is likely to survive outside the uterus without "extraordinary medical measures."

Under current law, abortions beyond 20 weeks of pregnancy are prohibited, and minors who are seeking the procedure are required to obtain permission from their parents.

The bill also allows abortion beyond the point of viability if a doctor determines that the termination of pregnancy is required to protect the woman's life or health, or that the baby is not likely to survive without extraordinary medical measures.

Rep. Timothy Dukes (R-Laurel) described a late-term abortion procedure called dilation and evacuation, in which a fetus is dismembered and removed from the womb, in an unsuccessful attempt to introduce an amendment to prohibit abortion after 20 weeks.

Pro-life advocates have lobbied against the legislation and vowed to take their fight to the governor's office.

"We will exert the same pressure upon Governor Carney, a Catholic, to uphold the sanctity of life for those innocent unborn children whose lives depend upon his vetoing this radical bill," said Delaware Right to Life spokeswoman Moira Sheridan, according to Religion News Service.

In May, the Illinois legislature approved a measure that would safeguard abortion access if Roe v. Wade is overturned, but Republican Gov. Bruce Rauner vowed to veto it. Similar attempts have also been unsuccessful in Connecticut, New Mexico and Rhode Island.