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The Law As It Presently Exists

Abortion and pregnancy termination are currently governed by Chapter 9.02 RCW, originally enacted as Initiative Measure No. 120. This law provides that the state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health. Under these circumstances, a physician may terminate a pregnancy, and a health care provider may lawfully assist in the procedure. "Viability" is defined as "the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures". "Abortion" is defined as "any medical treatment intended to induce the termination of a pregnancy, except for the purpose of producing a live birth". Any person who performs an abortion not authorized by these provisions is guilty of a Class C felony.

The law provides that it is a defense to prosecution for abortion that a physician or health care provider exercised good faith judgment as to the viability of the fetus or as to the risk to life or health of the woman.

The Effect Of The Measure If Approved Into Law

This measure would redefine abortion as the termination of a pregnancy within the uterus or womb. It would provide that "the process of birth" begins when any living fetus has partially or wholly exited the uterus or womb by any means, including artificial extraction. Once this process of birth had begun, the fetus would be defined as becoming "a partially born infant" and it would be "partial-birth infanticide" to deliberately and intentionally perform a procedure that the person knows will terminate the life of the partially born infant. Partial birth infanticide would be a felony. The measure would allow partial birth infanticide to prevent the death of the mother only if no other procedure, including the induction of labor or cesarean section, would suffice to prevent the death of the mother. The measure would not apply to "abortions" as redefined. The measure would provide that in the event of conflict between it and any other law, the provisions of this measure would govern.

Initiative-694 would stop the horrible killing of partially-born infants using a gruesome procedure unrecognized by the American Medical Association and rightly opposed by most Americans. Initiative-694 is a clear, common-sense, and constitutional way to protect the lives of partially-born children.

INITIATIVE-694 DOES NOT VIOLATE THE UNITED STATES SUPREME COURT'S OPINION IN ROE v. WADE

Although the Supreme Court has declared a right to terminate a pregnancy, it has never declared a right to terminate the lives of children who are in the process of being born. Inititive-694 stops a procedure - partial-birth infanticide - that goes far beyond abortion and Roe. Initiative-694 is carefully drafted to ensure it does not interfere with a woman's right to choose an abortion. Under Inititive-694, women will still have access to legal abortion.

INITIATIVE-694 HELPS PROTECT WOMEN AGAINST AN UNNECESSARY AND DANGEROUS PROCEDURE Former Surgeon General, C. Everett Koop, has said that partial-birth procedures are never medically necessary to protect the health of the mother. Medical experts have testified that such procedures can lead to severe bleeding, damage to the uterus, and problems with future pregnancies. Other options are available in emergencies ... and Initiative-694 specifically allows an exception to protect the life of the mother.

INITIATIVE-694 ESTABLISHES SPECIFIC MEDICAL STANDARDS DOCTORS CAN EASILY UNDERSTAND

Initiative-694 clearly defines the point in time when mothers and their physicians recognize the process of birth has begun - when the mother's cervix is dilated, her water has broken, and the baby is moving into the birth canal. We need to stop this unnecessary and hideous procedure that deliberately and intentionally ends the lives of helpless children in the process of being born. Initiative-694 will establish a reasonable, reliable, and legally-enforceable barrier against partial-birth infanticide.

For more information, call (360) 863-1077

Don't be fooled. The full text of Initiative-694 includes provisions that could ban most abortions.

Fourteen state supreme courts have already ruled laws like Initiative-694 violate Roe vs. Wade because it lets anti-choice prosecutors decide which abortions it bans.

Vote no on the abortion ban.

Advisory Committee: CLYDE BALLARD, Speaker, House of Representatives (R); JIM HARGROVE, State Senator (D), 24TH District; SUSAN RUTHERFORD, M.D., OB-GYN, Specialist in Maternal/Fetal Health; BYRON CALHOUN, M.D., OB-GYN, Specialist in Maternal/Fetal Health; KEITH FREY, M.D., Clinical Professor, U.W. Department of Family Medicine.

Here's Why:

As physicians, we work to protect the health of thousands of women and their families. Their health and well being come first. That's why we oppose I-694 and urge you to vote no.

We believe reproductive choices should remain a confidential medical decision made by women and their doctors.

In Washington state, terminating a viable pregnancy is already illegal except to save the health or life of the mother. Therefore, this initiative is unnecessary. It is also misguided.

LOOK AT I-694'S SERIOUS FLAWS:

The odd language of I-694 does not conform to known medical terminology. This means doctors will not know what is legal or illegal. The courts will decide if you or your doctor has broken the law. Depending on where you live, many abortions could be investigated and prosecuted as a felony by local authorities.

Under I-694, your confidential medical records could be opened.

I-694 will sacrifice a woman's health. I-694 clearly denies a woman suffering a crippling illness or cancer the choice to safely terminate her pregnancy.

I-694 takes the decision away from women and doctors and puts it into the hands of government, contradicting Roe v. Wade and three prior statewide votes in favor of protecting a woman's choice.

I-694 is seriously flawed. Remember, women look to their physicians for appropriate medical guidance, not their local prosecutors.

Trust your common sense and vote no on I-694.

For more information, call (206) 728-5919.

Opponents of Initiative-694 keep using the same worn-out arguments for the most radical positions on abortion. But partial-birth infanticide is not abortion. Federal courts have upheld bans similar to Initiative-694.

These grisly and painful procedures include jabbing sharp instruments through the skulls of young infants while they are being born and brutally killing them by sucking out their brains.

Enough is enough. Let's stop partial-birth infanticide.

Please vote for Initiative-694.

Advisory Committee: PETER K. MARSH, M.D., President, Washington State Medical Association; JOSEPH J. MANCUSO, M.D., Chair-Elect, American College of Obstetricians/Gynecologists, Washington State Section; JACK LEVERSEE, M.D., Professor, Family Medicine, University of Washington Medical School; SHELDON BIBACK, M.D., OB-GYN.