HAGÅTÑA (The Guam Daily Post) — In the ongoing debate over abortion on island, another legislative proposal has been thrown into the ring.
However, Bill 111-37, from Sen. William Parkinson, isn’t necessarily introducing anything new. The measure would enact the “Health Protection Act of 2023” — already part of another proposal, Bill 106-37 — without need for a public vote.
The Health Protection Act would ensure the right to provide and receive abortion services on Guam without burdensome limitations.
Bill 106 was dubbed the “You Decide” measure by its main sponsor, Sen. Thomas Fisher, because it would allow voters to decide in the next general election if the Health Protection Act should become law.
Parkinson, an abortion rights advocate, said the Health Protection Act presents “great ideas” for expanding abortion access on Guam, but disagreed that it should be put up for a public vote.
“I agree with Sen. Fisher. You should decide. The government shouldn’t decide for you. The people of Guam do not get to vote on what you do with your uterus,” Parkinson stated in a release.
“We are a republic, a representative democracy. A republic can handle tough social issues without punting the ball to an expensive legislative submission process. A republic can take testimony from the public, weigh the issues and decide on legislation. A republic can do all these things because that is what a republic is meant to do,” Parkinson added.
A referendum, or legislative submission in the case of Bill 106, would “probably cost $75,000-$100,000” for the Guam Election Commission and, ultimately, taxpayers, according to Parkinson.
“If we did that for every bill submitted just in the first 100 days alone, that would be about $10 million,” he added.
‘Protect it here on Guam’
Fisher is a Republican senator, but has identified as pro-choice. He briefly commented on Parkinson’s measure during a Rotary Club of Guam meeting Thursday, in which he was the guest speaker.
“The Parkinson bill, because it’s not pitched as a submission (for a public vote), the senators will have to make a choice,” Fisher said. “He introduced a stand-alone bill, which is great. But to me, as a practical matter, the Guam Legislature is going to find it very easy to go in and monkey with their own legislation.”
Elaborating further to The Guam Daily Post, Fisher said he did not believe that simply enacting the Health Protection Act would go far enough, considering changes in the constitutional landscape surrounding abortion.
In a landmark decision last year, the U.S. Supreme Court overturned decades-old case law protecting abortion as a constitutional right in the nation. As a result, states and territories now have greater ability to regulate abortion, including the imposition of outright bans.
Fisher has commented about the implications of the decision and what it means for other long-held constitutional rights. He said he wanted a firmer foundation for the rights expounded in the Health Protection Act, which he argued would come from a public vote.
“The people of Guam (would) have told the Legislature that this is the law they want. It would be much more difficult for a senator to come in and start, as I use the phrase, monkeying with the law because they know this is the expression of the people,” Fisher said.
“Is it a perfect foundation? It’s not. But look what’s in our hands. We don’t have much left. They ripped it out of our hands. This constitutional protection is gone. We have to do what we can to establish it here on Guam and protect it here on Guam,” the senator added.
Legal battles
Abortion remains legal on Guam, but there are legal battles taking place that might change the status quo, including cases over the enforceability of an old abortion ban.
Attorney General Douglas Moylan is seeking to void the injunction, or hold, that was placed on the ban, in light of the U.S. Supreme Court decision. The AG has encountered opposition, including from the Leon Guerrero-Tenorio administration, which staunchly supports maintaining abortion rights and access.
As Parkinson noted in his announcement of Bill 111, Guam recently joined the Reproductive Freedom Alliance, a nonpartisan coalition of U.S. governors committed to protecting and expanding reproductive freedom in their jurisdictions.
“Sen. Fisher called his bill ‘You Decide.’ I agree. You should decide. You should decide what is best for you. You should decide what to do with your own body. You have agency to your own destiny and the government should never stand in the way of that. We do not put the fundamental rights of others up for a public vote,” Parkinson concluded in his release on Bill 111.
Sen. Tom Fisher speaks during a Rotary Club of Guam meeting Thursday, May 4, 2023, at the Hyatt Regency Guam in Tumon to discuss his experiences in the Guam Legislature and his recent proposals.
