As states like Alabama effectively ban abortion, where does Delaware stand?

Delaware doesn't seem likely to follow in the steps of Georgia and Alabama, whose legislatures have passed bills that would all but abolish abortion.

Some First State lawmakers are pushing multiple bills meant to curb abortion access.

But those bills, which aren't as restrictive as those that have just passed in other states, aren't likely to get beyond being assigned to a committee to vet them.

On Tuesday, Alabama passed a law that criminalizes abortion in most cases — one of the most restrictive in the U.S., and it was signed into law Wednesday. The move came after Georgia passed a law that would make abortion illegal once a heartbeat is detected, also signed into law by the state governor.

Both are considered victories for those who oppose abortion. And both set up a Supreme Court clash that challenges Roe v. Wade, which gave women the right to have an abortion.

But that's not the case in Delaware, where anti-abortion proposals by Republican lawmakers have yet to make it to a floor vote.

One bill would ban abortions after 20 weeks of pregnancy, echoing a previous state law taken off the books by Democrat-backed legislation in 2017.

The other bill would require physicians to offer a patient the chance to see an ultrasound and listen to the fetal heart tone before performing an abortion. The patient may decline.

"It gives women all the information that’s available to make a good decision," said state Sen. Bryant Richardson, R-Seaford, referring to his ultrasound bill earlier this year. "It’s all about women’s rights."

The effort, spearheaded by Richardson, is largely backed by his fellow Republican lawmakers.

Richardson introduced similar bills last year. Neither made it to a floor vote. This year, the bills are stalled again. Richardson said he plans to lobby committee members to get a floor vote.

Anti-abortion lawmakers are also pushing House versions of Richardson’s bills. They have yet to leave committee.

Democrats, who control both houses of the legislature, don't appear any warmer to the anti-abortion measures than they have been in years prior. 

"They talk about the issue as if it is not a complicated, difficult, heart-wrenching one for women," said Sen. Bryan Townsend, D-Newark, who pushed legislation in 2017 that asserted Roe v. Wade protections if the ruling is overturned. 

Delaware is among the states that have such laws, according to the Guttmacher Institute, an abortion-rights think tank.

"That's going to be the law in Delaware moving forward," Townsend said. "There could be a fundamental reversal of women's rights. We took that very seriously two years ago. I'm sad to say that was prescient."

But Richardson and his colleagues plan to keep trying. The senator said he might introduce another bill that bans abortions after a later date, such as 26 weeks instead of 20.

"I really don't want to ram anything down anyone's throat," said Rep. Richard Collins, R-Millsboro, who is sponsoring the House versions of the bills. "I want to offer women the opportunity to make a decision."

Some abortion-rights advocates cite research that shows most abortions take place within the first 12 weeks, and most providers already perform an ultrasound to prepare for the procedure.

Richardson and Collins believe the bill that would require physicians to offer an ultrasound would deter more abortions than the 20-week ban.

Abortion-rights advocates say women might get abortions after 20 weeks because of a fetal anomaly. They may also not be able to afford the procedure — a first-trimester abortion normally costs about $500, according to the Guttmacher Institute — or immediately locate a clinic.

"When you have bills based on belief rather than science and health care, those things don’t go well," said Planned Parenthood of Delaware president Ruth Lytle-Barnaby, whose organization opposed similar legislation last session. "You're working to shame women."

Richardson sees it differently.

"Science shows that life begins at conception," Richardson said. "There's no question about that. ... Our laws should protect life."

Some anti-abortion lawmakers admit the state isn't ready to limit the practice, let alone mimic states like Alabama.

"I don't think it can happen in Delaware right now," Collins said. "I would be astonished if they passed. But that doesn't mean they should not try."

The Montgomery Advertiser and Salisbury Daily Times contributed to this report.

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