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Philly City Council approves a trio of bills aimed at protecting abortion rights

The Philadelphia bills were crafted in response to the Dobbs v. Jackson decision overturning the constitutional right to abortion.

City Councilmember Kendra Brooks wrote a bill that would protect people seeking abortions from workplace discrimination.
City Councilmember Kendra Brooks wrote a bill that would protect people seeking abortions from workplace discrimination.Read moreHeather Khalifa / Staff Photographer

City Council on Thursday approved a package of bills aimed at protecting patients seeking abortion care in Philadelphia, including making it harder for reproductive health-care providers and patients to face legal trouble related to antiabortion laws in other states.

The legislation restricts providers and others from volunteering patient information related to abortion care to other states, allows people facing out-of-state lawsuits related to reproductive health care to countersue in Philadelphia court, and makes people seeking abortion care a protected class that can’t be discriminated against in the workplace.

The three bills were authored by progressive Councilmembers Kendra Brooks and Jamie Gauthier, and former Councilmember Helen Gym, who resigned last month to run in next year’s mayoral election.

“This legislation ensures that no matter who you are or where you work, your reproductive health decisions can’t be used against you,” Brooks said.

» READ MORE: Can abortion be legislated at the local level? The women on Philly Council are pressing for new protections.

The bill establishing nondiscrimination protections for people seeking abortion care passed unanimously Thursday. The two others were approved in 15-1 votes, with Republican David Oh voting no.

Oh said he believes those measures are outside Council’s jurisdiction and should instead be taken up at the state or federal levels.

The package was introduced after the U.S. Supreme Court in June issued its opinion in Dobbs v. Jackson, which overturned the constitutional right to abortion established by Roe v. Wade. It came at a time when the future of abortion access in Pennsylvania was uncertain, with GOP gubernatorial nominee Doug Mastriano vowing to work with the Republican-controlled legislature to further restrict access to the procedure.

But after the November midterm elections, the law in Pennsylvania — which allows for abortions through about 24 weeks into a pregnancy — appears likely to remain for the foreseeable future. Democrat Josh Shapiro won the governor’s race, and Democrats also won a narrow majority of seats in the state House.

Still, supporters of the bills say they are necessary to protect patients and doctors from future restrictions.

The sponsors noted that a Texas law allows private citizens to sue anyone they believe has aided an abortion after about six weeks into a pregnancy, although that law has been challenged in court. Lawmakers in Missouri have considered similar legislation that would allow private citizens to sue people in other states who help a Missouri resident have an abortion.

Gauthier’s bill would allow people to countersue in Philadelphia courts.

The bills now head to Mayor Jim Kenney’s desk.