News from the Senate Majority
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Miller Defends Alaskan’s "Freedom of Choice"

Measure Gives Hospitals Right to Choose on Abortions

For Immediate Release: February 3, 1998 Contact: Portia Parker, Assistant to Senate President Mike Miller, at (907) 465-4711.

Juneau – To give back Alaskans’ freedom of choice, Senate President Mike Miller will introduce legislation Wednesday calling for a constitutional amendment that would restore the right of Alaska hospitals and physicians to refuse to participate in abortions.

"I believe people are guaranteed certain inalienable rights under our constitution," Miller said. "One of those rights is our freedom of choice. No one should be forced to do something to another person they feel is morally or ethically wrong."

Abortions were legalized under Alaska law in 1970 with the understanding that hospitals and physicians retained the right to choose whether or not to participate in abortions. Those who wanted abortions could have them, while those who didn’t want to be involved didn’t have to be. This promise of personal choice was recently stripped by the Alaska Supreme Court in a 1997 court case involving Valley Hospital in Wasilla. The court found Valley Hospital’s refusal to perform abortions unconstitutional and ordered it to change its policy.

Fearing repercussions from this law, attorneys, on behalf of Archbishop Francis T. Hurley, approached Miller to introduce legislation that would protect a person’s freedom of choice. Catholic hospitals cannot and will not perform abortions. If this issue is not resolved, Alaska risks losing Catholic-owned Providence Hospital, one of its primary health care providers.

This legislation calls for a constitutional amendment which must be decided by the people. If voted for by Alaskans in November’s election, the amendment will restore the rights guaranteed in Alaska’s 1970 law. Alaska’s Constitution would be amended by adding a new sentence to Section 22 after the first sentence. It will read:

Section 22: Right of Privacy. The right of the people to privacy is recognized and shall not be infringed. Nothing in this Constitution requires a hospital or person to participate in an abortion. The legislature shall implement this section.

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