PHILADELPHIA — A trio of progressive Philadelphia City Council members will introduce a package of abortion-related bills this week that would strengthen privacy rules and make it harder for patients and doctors to face trouble under laws passed by other states.
One bill would restrict providers from volunteering information to other states about people who seek abortion care, and another would update the city’s laws to bar employers from discriminating against workers based on reproductive health care decisions.
The effort follows the U.S. Supreme Court’s June decision overturning Roe v. Wade and ending the federal right to an abortion, which was ostensibly to return control of abortion regulations to the states.
That means Harrisburg and the GOP-controlled legislature wield enormous power over what abortion access looks like in the state. In the face of that shift, local legislators who want to protect access to abortion — now including progressives in Philadelphia — are pushing to strengthen municipal laws.
“We want to send a very clear message that our city will affirmatively protect the rights of women, no matter where they may live, who are seeking their right to have an abortion in Pennsylvania,” said at-large Councilmember Helen Gym, a sponsor of the legislation.
Pennsylvania’s abortion laws did not change after the high court’s decision in June. The procedure is generally legal through about 24 weeks into a pregnancy, though the state’s GOP-controlled legislature has supported further restrictions. Several have been vetoed by the term-limited Democratic Gov. Tom Wolf, and the Republican nominee seeking to replace him has championed a bill that would ban abortion after about six weeks into pregnancy with no exceptions.
Democrats statewide have spent much of the summer exploring ways to hedge against future restrictions, or prepare for statutes floated in other states that could apply to people who seek abortion care in Pennsylvania. For example, a bill pending in Missouri would allow private citizens to sue people in other states who help a Missouri resident have an abortion.
Any bill that restricts patients from traveling to another state for an abortion would face certain legal scrutiny. But at-large Councilmember Kendra Brooks, a member of the progressive Working Families Party, contended the city shouldn’t wait and see.
“This is to protect our providers here in Philadelphia,” she said. “We have a responsibility to codify this in city law.”
One of the bills would bar health-care providers or employers from volunteering information to anyone in another state for the purpose of prosecuting or suing someone who is either obtaining or providing an abortion that’s legal in Pennsylvania (unless required by court order). A violation could result in civil penalties.
Another bill, which will be introduced by Councilmember Jamie Gauthier, of West Philadelphia, would explicitly afford patients who receive an abortion that’s legal in Pennsylvania the right to countersue someone in another state who launches legal proceedings against them.
And a third, which will be introduced by Brooks, would update the city’s workplace discrimination ordinance to add “reproductive health status” as a protected class.
Gauthier said that while it’s unclear what the future of abortion access is in Pennsylvania, the city “can’t leave women’s rights up to chance.”
“We know what Philadelphia’s values are,” she said, “and we have to protect our citizens, regardless of what happens at the state level.”
Some of the legislation is largely symbolic. The group is also introducing a resolution that calls on the administration to restrict the use of any city resources to assist out-of-state investigations or lawsuits related to abortions, launch a public education campaign on available abortion options, and work with clinics to increase safety measures.
Mayor Jim Kenney’s administration recently donated $500,000 in city funds to the Abortion Liberation Fund of Pennsylvania, which provides financial assistance to people seeking abortions in the area. Last month, residents backed by a conservative law firm sued the city, claiming the move violated state law.
The bills will be introduced Thursday, the first Council meeting of the fall session, which will be held virtually.
