Anticipating Supreme Court decision, hundreds of abortion opponents rally at Iowa Capitol

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As the Iowa Supreme Court prepares for an expected June 28 decision on whether the state can enforce its so-called "fetal heartbeat" abortion law, Attorney General Brenna Bird joined a rally and march Saturday at the Iowa Capitol in support of the statute.

Hundreds of Iowans gathered to show their support for the law, which would effectively ban abortion after the sixth week of pregnancy, when fetal cardiac activity can be detected. Abortion currently is permitted in Iowa up to the 20th week of pregnancy.

As the Supreme Court closes its 2023-24 term, it is due to weigh in on the law, which has been blocked from enforcement by a Polk County judge. The Iowa Legislature approved it in a special session last year as a replacement for a previous statute that failed to win the court's support after it, too, was enjoined.

People listen as Iowa Attorney General Brenna Bird speaks during Iowa March For Life at the Iowa State Capitol on Saturday, June 22, 2024, in Des Moines.
People listen as Iowa Attorney General Brenna Bird speaks during Iowa March For Life at the Iowa State Capitol on Saturday, June 22, 2024, in Des Moines.

Gov. Kim Reynolds was invited to speak but was unable to attend the event. Earlier Saturday, she issued disaster proclamations for 21 northwest Iowa counties hit by flooding following heavy rains.

Kristi Judkins, the executive director of Iowa Right to Life, read a statement by Reynolds to the crowd.

"While I regret being able to join you in person, this year's March for Life, I couldn't be more grateful for the strong stand you're taking by being here this afternoon," Reynolds said in the statement.

Supreme Court's choice: undue burden vs. rational basis

Marchers participate in the Iowa March For Life on the Iowa Capitol grounds Saturday.
Marchers participate in the Iowa March For Life on the Iowa Capitol grounds Saturday.

Reynolds and Bird have asked the court to reverse a 2015 decision and hold the state must only prove it has a "rational basis" for enforcing the abortion restrictions, rather than having to adhere to a stricter standard that requires it to show such laws do not impose an "undue burden" on women seeking abortion.

"The Iowa Supreme Court is expected to rule any day as to whether our law... can finally go into effect, but the verdict of the people of Iowa is already clear... they have resoundingly rejected the inhumanity of abortion and affirm the... inalienable right to life," Judkins read from Reynolds' statement.

Iowans of all ages came to share their support. Among them was Adeleine Roland, 15, who accompanied her mother from Dubuque.

"I'm here to support my generation and represent what I stand for," said Roland, a member of Dubuque County Right to Life. "I come from a smaller town, so just seeing so many pro-life people is really inspiring."

The rally also featured religious and anti-abortion leaders, including Bishop William Joensen of the Catholic Diocese of Des Moines, Maggie DeWitte, the executive director of Iowans for LIFE and Hope Miller, the 19-year-old social media director of the Pro-Life Action League.

The Rev. Keith Haney of Fort Dodge, a member of a Lutheran anti-abortion group, led the gathering in a prayer.

"Lord, give to mothers who are tempted to abort their children the patience to endure not only the voices, but the suffering and the pain that comes from childbirth as they bring forth this new life," Haney said.

Bird told the marchers it is because of their faith the heartbeat bill passed.

"We are filled with love, joy and hope because of the faith that we have," she said, "Because we know that everyone matters and that includes the unborn, the innocent unborn, they matter just like everybody else."

The court's decision will be the latest in a string of abortion-related cases to come before the state's highest court. In 2023, the court deadlocked 3-3 on a challenge to the previous fetal heartbeat abortion ban, leaving it in place. Nonbinding opinions from that case suggest at least three justices were in favor of the undue burden standard, and that the other three favored the more permissive rational basis test, which requires only that the state show it has a rational basis for imposing restrictions, i.e., protecting unborn lives.

Justice Dana Oxley recused herself from that appeal but is participating in this year's case, raising the possibility she could provide the tie-breaking vote to one side or the other.

Register staff writer William Morris contributed to this article.

Kyle Werner is a reporter for the Register. Reach him at kwerner@dmreg.com.

This article originally appeared on Des Moines Register: Abortion opponents rally at Iowa Capitol ahead of court decision