Democrat lawmakers in the Senate Judiciary Committee voted against three Republican-led amendments on Wednesday aimed at ensuring that HB 4088, a bill designed to protect providers of abortion and controversial gender services, would not jeopardize minors and victims of abuse, coercion, or trafficking.
The bill has sparked serious alarm and pushback from Oregon Right to Life and diverse organizations and groups concerned about the safety of women, unborn babies, and children. In particular, there is concern that the bill would inadvertently empower bad actors, including abusers and traffickers.
“This irresponsible bill should never have been introduced. It is women, girls, parents, and especially victims of abuse and trafficking who deserve stronger safeguards, not abortion providers and those who assist them,” Oregon Right to Life Executive Director Lois Anderson said. “Coercion and trafficking in cases of abortion clearly happen, as we all saw in the devastating 2023 case of a 15-year-old Idaho girl allegedly brought across state lines by her 18-year-old boyfriend and his mother for an abortion.”
“These abuses can be far too easy to ignore or overlook, especially when the legal emphasis is placed on shielding those who perform or assist others in obtaining abortions, rather than protecting women and girls,” Anderson said. “This bill is a move in the wrong direction.”
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During a Wednesday work session in the Senate Judiciary Committee, Oregon Republican Senator Kim Thatcher introduced three amendments to HB 4088 to address pro-life concerns.
Two of these amendments were specifically directed toward protecting children:
- Amendment 6: Addresses an overbreadth concern in the bill. This amendment creates a narrow carveout cooperating with lawsuits when the specified circumstances involve a minor under the age of 18, or harm that occurred while the individual was a minor under 18.
- Amendment 7: Presents a more limited version of that proposal adapted to Oregon’s current statutory framework regarding minors and access to these services. It creates a carveout cooperating with lawsuits when the specified circumstances involve a minor under the age of 15, or harm done while the individual was under 15.
Sen. Thatcher’s third proposed amendment addressed HB 4088’s potential impact of stalling or blocking criminal investigations instigated by agencies of the federal government or other states, thereby denying victims justice.
- Amendment 8 clarifies that nothing in this bill prevents cooperation when there is a criminal investigation involved. Section 3 prohibits Oregon public bodies from cooperating with certain federal or out-of-state investigations related to lawful reproductive or gender-affirming care. This amendment ensures that when there are allegations of criminal conduct, such as abuse, coercion, or trafficking, law enforcement investigations are not obstructed.
During the Wednesday work session, Democrats in the Senate Judiciary Committee voted against all three amendments.
“By rejecting these amendments, Senate Democrats failed the frightened teen girl taken across state lines for an abortion,” Anderson said. “They failed the parents seeking justice for a minor child who could receive gender treatments at the hands of Oregon providers without their knowledge or consent. They failed the unborn baby whose very right to life has become dependent on her geography. And they failed their constituents who deserve to see laws passed that will protect the most vulnerable, not simply add legal shields for those who profit from these controversial and destructive procedures.”
- As written, HB 4088 would solidify existing immunity for abortion providers and expand protected interstate actions under Oregon’s 2023 shield law (HB 2002) to include anyone assisting or attempting to assist someone in getting an abortion or gender procedure.
- The bill would “[prohibit] cooperation with law enforcement agencies of the federal government or other states in actions involving legally-protected reproductive or gender-affirming health care activities… if such activity would be lawful if it occurred entirely in this state.”
- Abortion and “gender-affirming care” are legal for children ages 15 and older in Oregon without parental permission or notification. Girls under the age of 15 without parental consent can legally get abortions if the provider believes that notifying her parents would cause harm.
- Numerous undercover investigations and court documents recount instances in which abortion facility staff nationwide have apparently failed to identify and report abuse, including against minors.
The next reading of HB 4088 has not yet been scheduled.
