Why Don't We Have That?
by
Christopher Dodson
Executive Director
North Dakota Catholic Conference
August/September 2007
It is often said that the states are
laboratories for the development public policy. Our federal
system allows states to enact legislation independent from
each other, each responding to their unique history,
traditions, and conditions. When one state enacts
legislation, other states may follow and try to improve on
its example.
Inevitably, someone, looking at another state, will ask,
“Why don't we do that?” What works or is
possible in one state, however, may not work or be possible
in another state. Here is a look at some laws in other
states that have not been embraced in North Dakota.
Abortion
clinic regulations and licenses A few states have enacted legislation
singling out abortion clinics for special regulation. For
constitutional reasons, enacting such legislation is
difficult. The legislation cannot single out a particular
clinic nor be based on animosity toward abortion itself.
One factor that has made it possible elsewhere is that
those states already regulate health clinics. Regulating
abortion clinics was only a matter of creating a different
or additional regulations or in some cases merely including
abortion facilities under the general clinic regulations.
North Dakota, however, does not regulate and license any
medical clinics and has no mechanism for doing so.
Regulating only abortion clinics would most likely fail
constitutionally. Regulating all clinics and including the
abortion facility is not something the North Dakota
legislature and the state's medical community is interested
in pursuing.
Restricting
funds going to organizations that provide abortions
Many states, like North Dakota, prohibit state funds from
going to entities that provide abortions. But what about
prohibiting funds from going to an organization that
indirectly, such as through an affiliate, provides
abortion, abortion counseling, or abortion referrals?
Missouri has such a law and has successfully defended it in
court.
Why doesn't North Dakota have such a law? Well, for one
thing, it is not needed. A close look at Missouri's statute
reveals that the restriction applies only to the state
money expended for family planning services. In other
words, the restriction applies to a particular use of state
funds and is not a general ban on all types of state
funding. North Dakota, however, does not provide any state
funding for family planning. So, in once sense, it is doing
one step better than Missouri.
Pro-Life
license plates
Several states allow drivers to purchase pro-life license
plates. They typically display “Choose Life,”
and a small portion of the fees paid for the plates goes to
abortion alternative programs, such as adoption services.
There is no reason why North Dakota could not have such
license plates, but the idea has never generated much
interest among legislators. Typically, the states that have
the plates already had a system in place that allowed
specialty plates. Pro-life advocates only had to add the
new plates to an existing system. North Dakota has
historically frowned on such specialty plates and has only
allowed them for special events when the extra money goes
to a government effort, as was the case with the Lewis and
Clark plates.
Working against all specialty plates in North Dakota is the
question of volume. Unlike large states, the number of
plates that might be purchased would be so low that the the
extra fee needed would discourage purchasing the special
plates. Finally, advocates for pro-life license plates must
accept that, in some cases, states have had to allow
pro-abortion plates as well.
Prohibition
on funding for embryonic stem-cell research
While some states are throwing the taxpayer's money at
destructive embryo research, a few states and the federal
government prohibit funding for such activities. Why
doesn't North Dakota ban funding? The answer is simple
– North Dakota does not allow embryonic stem cell
research or its companion procedure of human cloning. There
is no reason to pass a funding ban.
School
Vouchers
The Supreme Court has concluded that school voucher
programs do not violate the U.S. Constitution and some
states have established voucher programs. Why has not North
Dakota? For one thing, voucher systems cost money. The
state essentially has to add money to the existing system
since it would be funding the education for more children.
Unfortunately, there is a strong feeling among legislators
that any additional money for education belongs entirely to
the public schools.
Also, while vouchers do not violate the U.S. Constitution,
there remain questions as to whether a voucher system would
violate the state constitution. North Dakota's constitution
has what is called a “Blaine Amendment” which
was purposely designed to prevent religious schools,
especially Catholic schools, from receiving any state
aid.