Mississippi lawmakers just passed one of the most restrictive abortion bans in the U.S.

Giacomo Bologna Jimmie E. Gates
Mississippi Clarion Ledger

Mississippi lawmakers in both the House and Senate passed bills Wednesday that could ban abortion as early as six weeks into pregnancy.

If either bill becomes law, abortions in Mississippi would be illegal as soon as a fetal heartbeat is detected.

There are exceptions that would allow abortion if the pregnancy threatens a woman's life or would cause her serious harm. 

There is no exception in cases of incest or rape.

Gov. Phil Bryant has said he would sign a bill banning abortion as early as six weeks.

"It’s time to pass a Heart Beat Bill in Mississippi and stop this madness about when life begins," Bryant tweeted in January.

More:#MSLeg: Lawmakers push abortion ban after fetal heartbeat is detectable, or about 6 weeks

Mississippi only has one abortion clinic in the state.

Planned Parenthood Southeast issued a statement condemning the Mississippi Legislature for passing a bill that will be declared unconstitutional if it becomes law.

“These bills would ban abortion — outlawing the procedure before most women even know they’re pregnant,” said Felicia Brown-Williams, Mississippi director at Planned Parenthood Southeast Advocates. “Individual rights and freedoms go to the heart of who we are as a country, including the right to access safe and legal abortion. Mississippians should be able to make their own most personal health care decisions without politicians controlling when, how, or why.”

Legislators last year already approved one of the strictest abortion laws, banning them after 15 weeks. That law was quickly halted and found to "unequivocally" violate women's constitutional rights by a federal judge last year. Attorney General Jim Hood has vowed to fight the decision. 

The new, more restrictive abortion bills were met with praise and criticism in both legislative chambers Wednesday afternoon.

As images of fetuses scroll across monitors in the Senate chamber Wednesday, Sen. Joey Fillingane, R-Sumrall, presents Senate Bill 2116, also known as the "Heartbeat bill," to Senate members. Sen. Derrick Simmons, D-Greenville, presented an amendment to the proposed legislation allowing for special considerations for victims or rape or incest, but the measure did not pass.

Sen. Joey Fillingane, R-Sumrall, presented the bill in the Senate. Sen. Deborah Dawkins, D-Pass Christian, a former nurse, asked her fellow lawmaker if he knew how a fetal heartbeat is detected that early.

Fillingane said an ultrasound is used.

A trans-vaginal ultrasound, Dawkins corrected him.

“There’s no way you could have experienced the pleasure of that device," Dawkins said sarcastically.

Other senators laughed.

Dawkins also pointed out that a heartbeat can be detected as early as six weeks and that the length of a woman's menstrual cycle — typically four weeks — can be affected for a variety of reasons, including diet, stress, weight gain, exercise and more.

Sen. Derrick Simmons, D-Greenville, grilled Fillingane on a federal court ruling last year's 15-week abortion unconstitutional.

Simmons asked whether Fillingane was aware Mississippi has spent $1.2 million defending the 15-week abortion ban in court.

Fillingane said Simmons was framing the issue incorrectly because defending the laws passed by the Mississippi Legislature is the attorney general's job.

Simmons asked a question, beginning: "Do you think it's a wise use of taxpayer money," when Fillingane interrupted, "absolutely."

Fillingane said that with the appointment of Justice Brett Kavanaugh, the U.S. Supreme Court could rule differently on abortion than it traditionally has.

“These decisions may swing in a very different decision now," Fillingane told Simmons.

Other states also appear to be taking note of the new Supreme Court — and how it may rule on abortion.

According to the Associated Press, Florida, Kentucky, Ohio, South Carolina and Tennessee are considering legislation similar to what was passed Wednesday in Mississippi.

Abortion opponents foresee the possibility that the high court might either reverse Roe v. Wade, the 1973 ruling establishing a nationwide right to abortion, or uphold specific state laws that would undermine Roe.

Back on the Senate floor in Mississippi, Simmons proposed an amendment allowing victims of rape or incest to have an abortion past heartbeat detection, but the amendment was defeated, 31-15.

Sen. Michael Watson, R-Pascagoula, spoke in favor of the six-week abortion ban —- and continuing to defend the 15-week abortion ban in court.

“Is it worth $1.2 million?" Watson asked rhetorically. "What is a life worth?”

Sen. Angela Hill, R-Picayune, one of the bill's authors, spoke shortly before a final vote. At times, she choked up.

"Times are changing in this country," Hill said. "We can see more of what's happening in the womb... We can see that heart beating with those tests and I've had those tests and they're not so bad."

Hill talked about how happy she was when she heard the fetal heartbeat of her own children.

Miss. Sen. Angela Hill, R-Picayune, speaks to the senate during a debate of S.B. 2116, also known as the Heartbeat Bill, presented by Sen. Joey Fillingane. Wednesday, Feb. 13, 2019.

"I see in this country that we protect sea turtle eggs and we protect other endangered species of animals with a greater degree of scrutiny and zealousness than we protect a child in the womb that has a beating heart," Hill said. "The womb should be the safest place in the world for an unborn child. I'm asking Mississippi to be different."

Dawkins responded, saying many women are not aware they are pregnant within six weeks.

"In my opinion and the opinion of a lot of scientists, the heart beat bill is a misnomer," Dawkins said. "What is called a heartbeat by some is pulsating embryonic tissue that may become a heart."

The Senate passed the bill by hand vote. A vote count was not announced.

At about the time the Senate was voting, discussion on the abortion bill in the House was heating up.

Public Health and Human Services Chairman Sam Mims, R-McComb, said he believes life begins at conception.

Despite complaints about the bill, and the threat of lawsuits, Mims said he believes it should be passed.

“Other than election pandering, why did you bring this bill knowing it will be overturned by the court?” Rep. Steve Holland, D-Plantersville asked.

Rep. John Faulkner, D-Holly Springs, said the bill will in effect ban all abortions because a woman may not know if she is pregnant for five or six weeks.

“Are we in the business of creating opportunity for lawyers?” Rep. John Hines, D-Greenville, asked.

Hines said a lawsuit will be filed over the legislation if it passes.

Rep. Chris Bell, D-Jackson, argued on the House floor that the bill violates everything about a woman’s rights.

“Let’s throw it where it needs to be — in the garbage,” Bell said.

The House ultimately passed the bill, 81-36.

The Associated Press contributed to this report.

Contact Giacomo "Jack" Bologna at 601-961-7282 or gbologna@gannett.com. Follow him on Twitter.