Answering Misinformation on Amendment #1

There is a lot of misinformation being circulated about Amendment #1, and we need your help to share the truth! Nearly all of misinformation comes from pro-abortion groups that would love nothing more than for state judges to force abortion-on-demand in Louisiana forever.

Here’s a 30-second video that tells about the Love Life Amendment:

Amendment #1 is very simple and answers a very basic question – who should decide abortion policy – judges or legislators?

For too long, judges have forced legal abortion on America, taking the issue out of the hands of citizens and our legislators. This is what happened in 1973 in Roe v. Wade. And since then, 13 state Supreme Courts have declared a right to abortion in their state constitution, even if the word abortion can’t be found there! We can’t let that happen in Louisiana!

You can help us by putting the correct information out there. You can make a difference by sharing with friends and family that you will vote (or already have voted) yes on #1!

Frequently Asked Questions about Amendment #1

What’s the Love Life Amendment?

The Love Life Amendment is a proposed amendment to the Louisiana Constitution and will be Amendment #1 on the Nov. 3 Louisiana ballot. It does two main things:

  • Places our long-standing Louisiana pro-life ethic in our Louisiana Constitution.
  • Ensures that state courts, whether now or when the U.S. Supreme Court overturns Roe v. Wade, cannot establish a “right to abortion” or the tax-funding of abortion in Louisiana.

What does the ballot say?

When you go into the voting booth, you will read: “Do you support an amendment declaring that, to protect human life, a right to abortion and the funding of abortion shall not be found in the Louisiana Constitution?”

Why do we need this?

In the past, the Supreme Courts of 13 various states, including New York, Tennessee, and even Kansas, have “found” a right to abortion and the tax-funding of abortion their state constitutions. Their decisions have resulted in pro-life laws being struck down by judges, reinforcing an abortion-on-demand policy. We can’t let this happen in Louisiana. The Love Life Amendment keeps the policy decisions about abortion our pro-life laws in the hands of Louisianians and their elected legislators.

Does Amendment #1 stop abortion?

No. The Love Life Amendment will not stop abortion in Louisiana. The question of whether abortion is legal or not, and in what cases, depends on federal and state law, not the Louisiana Constitution. The Love Life Amendment will simply ensure that Louisiana judges cannot establish a right to abortion or the tax-funding of abortion in the Louisiana Constitution. Even if Roe v. Wade were to be overturned, Amendment #1 would not stop state legislators from passing laws restricting or allowing abortion.

What’s the immediate impact of Amendment #1?

The immediate impact of this amendment is to make sure that Louisiana’s current pro-life laws passed overwhelmingly by our legislators cannot be undermined by state judges.

These laws reflect the will of our citizens and include basic protections such as informed consent, parental consent, ultrasound laws, and laws to protect unborn babies from late-term abortion. In recent years, law firms based in New York representing businesses that sell abortion have petitioned state courts to “discover” a right to abortion in the state constitution. The Love Life Amendment will prevent this from happening in Louisiana.

What about after Roe v. Wade is overturned?

Unfortunately, the U.S. Supreme Court still forces states to allow abortion. In Louisiana, this means that babies up to the fifth month of pregnancy can be aborted. But the Supreme Court could change its decision in the future. If the U.S. Supreme Court overturns or modifies Roe v. Wade, the Love Life Amendment would prevent state judges from implementing a Louisiana-version of Roe v. Wade, forcing abortion to be legal in Louisiana. Currently, Louisiana already has a “trigger” law on the books that would protect every baby from abortion when Roe v. Wade is overturned.

What about “exceptions” like rape and incest?

The question of whether abortion is legal or not, and in what cases, depends on federal and state law, not the Louisiana Constitution. Because of this, the Love Life Amendment is silent on commonly-debated “exceptions” such as rape and incest. These policy decisions will remain in the hands of legislators, not judges.

What about situations involving the “life of the mother”?

Since Amendment #1 does not prohibit any abortions, and therefore does not specify what exceptions to abortion should and should not be allowed, the question of situations of the “life of the mother” are not relevant to Amendment #1. However, it is important to clarify that Louisiana law currently includes exceptions to abortion law when it comes to the situation where the “life of the mother” is in danger. See RS 40.1061(F) In those situations, state law permits physicians to take action in a manner that makes a reasonable medical effort to save the life of both the mother and the baby.

Does Amendment #1 impact miscarriages?

Amendment #1 has nothing to do with law relating to miscarriage. Louisiana law separates intentional induced abortion from miscarriages (often referred to as “spontaneous abortion”). We must offer compassion and support to those who have suffered the pain of miscarriage.

Is this a Republican or Democrat Amendment?

Amendment #1 was supported in our state Legislature by pro-life Republicans and Democrats. It was co-authored by State Senators Katrina Jackson (D-Monroe) and Beth Mizell (R-Franklington). It is supported across the aisle in Louisiana by leaders in both parties, including U.S. Senators Bill Cassidy and John Kennedy, Governor John Bel Edwards, Attorney General Jeff Landry, and many more. Find below Congressman Steve Scalise’s video supporting the Love Life Amendment.