Need to rewrite abortion law questioned

? Some abortion opponents doubt a state law restricting late-term procedures needs to be rewritten, despite a grand jury’s conclusion that it isn’t clear enough to allow an indictment of Dr. George Tiller.

Abortion opponents forced Sedgwick County to convene the grand jury to investigate Tiller’s clinic in Wichita. Tiller is among a few U.S. physicians performing late-term procedures.

His attorneys say he and his clinic comply with the law, but abortion opponents have accused him of illegally aborting fetuses that are able to survive outside the womb.

The grand jury concluded that charging Tiller would have required “clearer and more definitive guidelines” or additional restrictions in the law. Until the Legislature amends it, the grand jury said, an indictment is unlikely.

But two anti-abortion legislators said Thursday that they’re not interested in revising the restrictions on late-term abortions. Sen. Tim Huelskamp, a Fowler Republican, and Rep. Lance Kinzer, an Olathe Republican, said the law is clear and just needs to be enforced.

“That law does not need to be rewritten,” added Mary Kay Culp, executive director of the anti-abortion group Kansans for Life. “The law is a good a law.”

Abortion foes said they believe Sedgwick County District Attorney Nola Foulston’s office pushed the grand jury into interpreting the law too narrowly, preventing an indictment. They had wanted a special prosecutor to gather documents, bring in witnesses and present evidence.

Foulston said the grand jury was independent and well-educated and reviewed large amounts of information. She said she couldn’t discuss details because grand jury testimony is secret.

But in January, a spokeswoman for the anti-abortion group Operation Rescue confirmed that its president, Troy Newman, and David Gittrich, Kansans for Life’s state development director, had testified.

“There were a number of people who were able to bring their thoughts to the grand jury, and those people were heard,” Foulston said. “This is not a jury that was confused.”

The late-term restrictions apply after the 21st week of pregnancy and when a fetus is viable. The law allows an abortion if two independent physicians conclude it is necessary to save a woman’s life or prevent “substantial and irreversible” harm to “a major bodily function,” a phrase that’s been interpreted to include mental health.

The grand jury said its review showed some “questionable” abortions but that the law requires only an agreement about a woman’s condition by two independent physicians. Also, in a February 2006 ruling, the Kansas Supreme Court said a crime hasn’t been committed if there is “no more than a reasonable medical debate” over whether a diagnosis was appropriate.

Gov. Kathleen Sebelius, a Democrat who supports abortion rights, has said previously that she supports the current law and wouldn’t seek changes. But she said Thursday that she will review the grand jury’s report.

“I don’t start this conversation with feeling that there is a flaw in the law, but I will look at what the grand jury has suggested,” she said.