Law Prof: MN Abortion Bill Will Make It Harder To Prosecute Sex Crimes

ST. PAUL, MN — A University of St. Thomas law professor says the broad nature of Minnesota's abortion rights bill could make it harder for the state to prosecute sex crimes, including trafficking and assault.

Teresa Collett teaches property law, constitutional litigation, and bioethics at St. Thomas. She also serves as director of the law school's Prolife Center.

In testimony submitted to the Minnesota House Judiciary Finance and Civil Law Committee, Collett said House File 1 Protect Reproductive Options Act — or "Pro Act" — will "result in litigation regarding a wide variety of issues" including laws prohibiting prostitution and requiring reporting of child sexual assault.

The Pro Act states that "every individual has a fundamental right to make autonomous decisions about the individual's own reproductive health."

Under the bill, reproductive health "includes, but is not limited to, contraception; sterilization; preconception care; maternity care; abortion care; family planning and fertility services; and counseling regarding reproductive health care."

Collett writes that the bill's "characterization of the availability of such services as 'fundamental' may bring into question the ability of Minnesota to prohibit the sale of sexual services."

She adds that "Given the broad and undefined word 'individual' in HF 1 and the absence of any recognition that minors are differently situated from adults when seeking 'reproductive health services', Minnesota courts will undoubtedly face challenges when mandatory reporting laws are enforced in the context of providing reproductive health services to minors."

The Minnesota House narrowly passed the Pro Act last week, and the bill faces good odds in the Democratically-controlled Senate.

"Not every positive pregnancy test is a celebration. And not every ultrasound appointment ends with good news," said Rep. Carlie Kotyza-Witthuhn, the bill's co-author, on the House floor.

"And I, as a politician, have no business making that decision for someone else."

Democrats voted down an amendment that would have banned third-trimester abortions. Another proposed amendment, which would require abortion facilities to be licensed, also failed.