LITTLE ROCK, Ark. — Governor Asa Hutchinson said Tuesday that he would sign the near-total abortion bill, but that he had reservations due to the bill not including the exception for rape or incest.
"I would have preferred the legislation to include the exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances for a review by the U.S. Supreme Court," Hutchinson said in a statement released Tuesday, March 9.
The bill did note that abortion in a medical emergency would be legal under Arkansas law.
The ACLU of Arkansas released the following statement following the final passage of the bill:
“We’re disheartened to see a majority of legislators, who took an oath to uphold the Constitution, act so brazenly to undermine its fundamental guarantees. At a time when so many Arkansans are facing financial hardship and personal loss from a global pandemic, it is especially reprehensible that so many lawmakers remain hellbent on a harmful crusade to intrude on people’s personal autonomy and force them to continue pregnancies against their will. This abortion ban is plainly unconstitutional and we stand ready to challenge it and any effort to block Arkansans from care or dictate their personal medical decisions. We will be seeing the state of Arkansas in court again.”
Hutchinson has signed several major abortion restrictions into law since taking office in 2015, but he had voiced concerns that this bill directly challenges Roe v. Wade and the lack of rape and incest exceptions.
The legislation won't take effect until 90 days after the majority-Republican Legislature adjourns this year's session. That means it can't be enforced until this summer at the earliest. Abortion rights supporters said they plan to challenge the ban in court before then.
Gov. Hutchinson's full statement on signing SB6:
“SB6 is a pro-life bill that prohibits abortion in all cases except to save the life of the mother in a medical emergency. It does not include exceptions for rape and incest.
I will sign SB6 because of overwhelming legislative support and my sincere and long-held pro-life convictions. SB6 is in contradiction of binding precedents of the U.S. Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law. I would have preferred the legislation to include the exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances for a review by the U.S. Supreme Court.”
AP and THV11 contributed to this report.