The Iowa Supreme Court, however, ruled that the law is likely not unconstitutional.
“We have previously held that abortion is not a fundamental right under the Iowa Constitution,” state Justice Matthew McDermott wrote in the majority opinion. “Applying our established tiers of scrutiny, we hold that abortion restrictions alleged to violate the due process clause are subject to the rational basis test. Employing that test here, we conclude that the fetal heartbeat statute is rationally related to the state’s legitimate interest in protecting unborn life.”
Using this rationale, the state high court reversed the district court’s injunction and sent the case back for further examination, meaning the case will continue. In the meantime, however, the path has been cleared for Iowa’s heartbeat law to take effect.
Bishops celebrate decision
Bishops Walker Nickless of Sioux City, William Joensen of Des Moines, and Thomas Zinkula of Dubuque issued a joint statement on Friday in which they said: “We celebrate that the Iowa Supreme Court has recognized there is no right to an abortion to be found in the Iowa Constitution.”
Quoting Pope Francis’ call to “respect and love human life, especially vulnerable life in a mother’s womb,” the bishops said that “as a state and as a society, we should commit ourselves to working for the protection of all vulnerable populations from violence — wherever individuals and groups are at risk.”
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