A close vote in the NH House went against the recently enacted buffer zone around abortion clinics:
CONCORD — The House voted 170-159 to repeal the abortion clinic buffer zone law approved by lawmakers last year. Repeal supporters said the state law is nearly identical to the Massachusetts law the U.S. Supreme Court found unconstitutional last year because it restricts Constitutional rights to free speech and assembly.
“Massachusetts’ law is materially indistinguishable from ours,” said Rep. Joseph Hagan, R-Chester. “We’d be placed in a position of the state having to defend its law before the Supreme Court with all that costs.” But opponents of HB 403 said the New Hampshire law is currently under federal litigation and it would be premature to repeal it before a decision. They also said the state’s law is not being enforced while the court waits to decide so no one is being harmed. “The issue here is unique and different,” said Rep. Paul Berch, D-Westmoreland. “We should await a decision from the federal court.”
Lawmakers approved a 25-foot buffer around facilities where abortions are performed, but with greater flexibility and fewer restrictions supporters said should address some of the issues raised by the Supreme Court’s decision. Buffer zone supporters said the state law allows law enforcement and other local officials to work with clinics to craft appropriate buffer zones fitting the neighborhood. And they say the zones restrict all protests and picketing, not just anti-abortion activities. Rep. Mary Heath, D-Manchester, said the protesters at the Planned Parenthood facility interfere with women seeking health care services.
Some say the protesters are acting out of kindness, Heath said. “I know this is not the case,” Heath said. “You should read patients’ complaints about how they are made to feel.” But repeal supporters said the issue is free speech. She said the First Amendment is at stake and the buffer zone is a blight on the legislature’s history. “I am a protester,” said Rep. Kathy Souza, R-Manchester, “and I’m not scary.”