MMA Supports Act that Codifies Right to Reproductive Freedom

January 5, 2023

The Minnesota House Health Finance and Policy Committee began its work on January 5 by hearing HF1, otherwise known as the Protect Reproductive Options (PRO) Act.  

The bill, introduced by Carlie Kotyza-Witthuhn, DFL-Eden Prairie, would codify the right to reproductive freedom and autonomous decisions about an individual's own reproductive health, and outlines the fundamental right to use or refuse reproductive health care, including abortion. 

The legislation reads “every individual has a fundamental right to make autonomous decisions about the individual's own reproductive health, including the fundamental right to use or refuse reproductive health care.” The bill goes on to state that “every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about how to exercise this fundamental right.” The PRO Act also explicitly notes that no local unit of government may regulate an individual's ability to freely exercise the outlined right. 

In its letter of support, the MMA stated that “healthcare decisions are deeply personal and must be made by the patient, based on what is best for that patient, with the input and advice of their healthcare professional.” 

Furthermore, the MMA argued that abortion “is an essential component of reproductive healthcare. It is a medical procedure that must be available, if the patient chooses, and should performed by a duly licensed healthcare professional in conformance with the standard of good medical practice.”  

The right to an abortion is protected in Minnesota following the 1995 Supreme Court decision, Doe v. Gomez. In that case, the Minnesota Supreme Court found that the Minnesota Constitution guarantees the right to terminate a pregnancy. However, there is nothing in Minnesota statute reaffirming an individual’s right to an abortion. If passed, the PRO Act would establish that right in Minnesota statute. 

The companion bill (SF1, Jennifer McEwen, DFL-Duluth) is expected to be heard in the Senate as early as next week.