Governors order protects abortion access in Hawaii

Hawaii Gov. David Ige speaks at a news conference at the Hawaii State Capitol in Honolulu on Tuesday. Ige signed an executive order Tuesday that aims to prevent other states from punishing their residents who get an abortion in the islands and stop other states from sanctioning local doctors and nurses who provide such care. AP photo

Gov. David Ige issued an executive order Tuesday that protects access to reproductive health care services in the state and also shields out-of-state patients and local medical professionals involved in abortion procedures.

“When the U.S. Supreme Court decided to overturn Roe v. Wade, there was overwhelming outcry from our legislators and the community to protect access to health care services,” Ige said during a news conference in Honolulu on Tuesday morning. “So I am proud that we were able to execute this executive order to ensure that we can continue to have access to reproductive health care services here in the islands and that our service providers, our doctors, will not have to worry about other states getting overzealous about imposing their laws on our citizens.”

The order comes nearly four months after the Supreme Court on June 24 overturned the landmark Roe v. Wade case that made abortion a federal right in the U.S., leaving the matter up to the states.

According to the Planned Parenthood Action website, 13 states have since made it illegal to have an abortion. Bans in some other states are pending legal challenges after being blocked by the courts.

While abortion is legal in Hawaii and reproductive rights are protected by state law and the state constitution, Ige said there are states across the U.S. that may try to sanction medical professionals who provide abortions in Hawaii and also may prosecute women who may come here for an abortion.

Under the order, departments and agencies under Ige’s authority shall not provide any information, including medical records, data or billing to another state seeking to impose penalties upon a person or entity related to reproductive health services in the state, according to the Governor’s Office.

Ige joins governors from Nevada, New Mexico, Colorado, Massachusetts, Pennsylvania and Rhode Island who have also adopted similar provisions this year protecting reproductive services provided in their states, according to Ige’s office.

Other states would have to take Hawaii to court to try to get the information about services provided in Hawaii, Ige said.

“I know that other legislators and governors in other jurisdictions are getting proactive and are going to take maximum actions to try and impose their laws on our people,” he said. “And certainly we are committed to protecting our health care providers as well as those that may travel to Hawaii in getting access to legal health care services in the state.”

Dr. Reni Soon, an obstetrician and gynecologist based on Oahu who also practices on Maui, said that “I have already taken care of patients who come from out of state.”

“Even before this decision … we have lots of tourists, we have students who are attending UH, the UH system or other universities from out of state,” Soon said at the news conference. “I and my colleagues since this decision, have taken care of a few patients who have come from Texas, Georgia, from Louisiana, from these states that have restrictions.”

Soon has colleagues on the Mainland who tell her patients are driving a long way to get access to reproductive health care, although that scenario is not possible in Hawaii.

State Rep. Linda Ichiyama of Oahu noted how after the court ruled, more than 50 state legislators issued a statement emphasizing that access to abortion would continue throughout the state.

“We are going to work continuously to ensure we have access, especially on our Neighbor Islands, and that our sisters, our daughters, our granddaughters, deserve to grow up in a world where they have more rights, not less,” said Ichiyama, co-convener of the Women’s Legislative Caucus.

Jen Wilbur, Hawaii state director for Planned Parenthood Alliance Advocates, said in a statement Tuesday that “the protections announced today are critical to safeguarding and maintaining abortion access in our state.”

“We want our providers and patients to be safe, protected and empowered to continue to provide and access abortion care throughout the entire state — no matter what,” Wilbur said. “Legal penalties or investigations from extremist and over-zealous out-of-state prosecutors have no place in the provision of safe and legal health care protected by Hawaii state law. We are grateful for the leadership of Gov. Ige and leaders across our county and state for standing strong and ensuring patients can rely on us for health care.”

Even though Ige is ending his second and final term in office this year, he said the order will not expire unless other action supersedes his order or repeals it.

Hawaii was the first state in the U.S. to decriminalize abortion more than 52 years ago when the Hawaii State Legislature enacted Act 1 on March 11, 1970. The right to privacy and personal autonomy are also recognized in the Hawaii Constitution, article 1, section 6, encompassing personal decisions relating to procreation, contraception, abortion and other aspects of reproductive access and choice, according to the Governor’s Office.

* Melissa Tanji can be reached at mtanji@mauinews.com.

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