Tuesday, September 24, 2013


Below is a copy of the letter sent out this morning by THE ESPERANSA PROJECT. Informed consent for abortion legislation has proven to be the most effective way to stem the slaughter of abortion. Informed consent puts a booklet in to the hands of every woman seeking an abortion and gives her information about the nascent life within her as well as her risks, rights, and alternatives. Please read, understand, and support if you care about the slaughter going on in Tamuning. For more information about abortion on Guam go to www.esperansa.org

Dear Friends of the Unborn:

Almost one year ago, Governor Calvo called a special session of the Legislature in the hopes that Bill 52-31 would not suffer the same fate as its predecessor, Bill 54-30. Both bills required informed consent for abortion. 

A vote on Bill 54-30 was put on hold until after the election of 2010, where, those who opposed pro-life reforms, could safely put the bill to death, and they did. (Read the history here.)

After almost two years of legislative machinations and delaying a vote on Bill 52-31 (read about that here), we rightly suspected that the pro-abortion caucus in the legislature was once again delaying the vote on this controversial bill until after the election of 2012.

Finally, we approached Governor Calvo about calling a special session to hopefully force a vote on Bill 52-31. We had worked four long years to get this legislation to a vote in the full light of day and under the watchful eye of the public our senators are supposed to represent, and we did not want to see this bill die the death of its predecessor.

The session was called for October 24, 2012. And after only what can be called a riot of anger on the session floor, the bill was voted on, passed, and signed in to law by Governor Calvo on November 6, 2012 as Public Law 31-235


Here's why. Just hours before the vote, those who opposed the legislation forced the insertion of a provision requiring the printed materials required by the bill to be subjected to the rule making process of the Administrative Adjudication Law. 

The materials would have to first pass through this process under the auspices of the Department of Health and then be sent back to the Legislature for its approval. 

The information materials, a booklet showing the different stages of fetal life and a checklist certification, in no way could be considered a rule or a regulation, and the insertion of the provision was designed to tie up the law and keep it from being implemented.

Governor Calvo himself noted this in his transmittal letter to the Legislature which you can read here.

Essentially, the insertion of the provision allowed those who oppose pro-life legislation to vote publicly for the bill just days before the election, yet appease their pro-abortion supporters with the prospect of tying up the implementation of the law indefinitely. 

Or, if it somehow did make its way through the process, it could be voted down later, long after the election and well before the next one. It was a brilliant strategy on their part.

HOWEVER! Sensing that this was their plan, Esperansa, on November 3, 2012, sent a letter to both the senators who had voted for the bill AND the new senatorial candidates, giving them the following two scenarios and asking how they would vote (You can read the full letter here):

  1. If the printed materials and the checklist certification are approved by DPHSS but nevertheless are required to undergo the rule making process set forth at Title 5, Chapter 9, Article 3 of the Guam Code Annotated, will you vote to approve the printed materials and the checklist certification in the form as approved by DPHSS (so long as they do not violate Guam or federal law)?                                                    
  2. If the Office of the Attorney General opines, or a court of competent jurisdiction finds, that neither the printed materials nor the checklist certification constitutes a rule or regulationAND if presented with a bill that amends the Law so as to delete the following language from Section 4: "and, pursuant to its rule making process set forth in Title 5, Chapter 9, Article 3 of the Guam Code Annotated," will you take all reasonable steps available to you to pass such a bill in a timely manner without revision or amendment to such bill?
On May 23, 2013, the Attorney General issued an opinion stating that the "printed materials", required by the law, DO NOT MEET THE DEFINITION OF A RULE. (Read the AG's opinion here.)

Thus, we now can proceed with scenario No. 2 where it says: 

...if presented with a bill that amends the Law so as to delete the following language from Section 4: "and, pursuant to its rule making process set forth in Title 5, Chapter 9, Article 3 of the Guam Code Annotated," will you take all reasonable steps available to you to pass such a bill in a timely manner without revision or amendment to such bill?

Yesterday, September 23, 2013, Senator Rodriguez introduced this bill as Bill No. 193-32 , and we can proceed with the legislative process to amend the law, print the materials, and help women find an alternative to abortion. (See a copy of the bill and more explanation here.)

But who will vote for this bill?

We have in writing, the commitment to vote for a bill which contains the provisions of Bill 193-32, from the following senators:
  1. Tony Ada (R)
  2. Chris Duenas (R)
  3. Michael Limtiaco (R)
  4. Brant McCreadie (R)
  5. Tommy Morrison (R)
  6. Rory Respicio (D)
  7. Dennis Rodriguez, Jr. (D)
The following senators voted against Bill 52, so we are certain they will also not support Bill 193-32:
  1. Tom Ada (D)
  2. Ben Pangelinan (D)
  3. Judith Won Pat (D)
  4. Aline Yamashita (R)
Of the balance of the incumbent senators, we did not receive a commitment from:
  1. Frank Aguon, Jr. (D)
  2. Tina Muna Barnes (D)
  3. Benjamin Cruz (D)
Eight votes are needed for passage and we have commitments from seven. We need one more.  


Senator Aguon has a history of derailing informed consent legislation (read more here and here), so we are not counting on him. That leaves Barnes and Cruz. Both voted for Bill 52. It is hoped they will also vote for this one.

Special thanks to Senator Dennis Rodriguez, Jr. for persevering in this very long and contentious effort. 

Once implemented, the printed materials will do nothing more than give women information about their risks, rights, and alternatives, and better ensure that the abortion is of their own choosing and is not being forced upon them by their impregnator or employer (as we have learned in the Blue House case. (See "Horror at the Blue House")

A 2004 study published in Medical Science Monitor showed that 64% of women who aborted felt pressured, and 65% showed symptoms of trauma. In 1998 a report in the Journal of the American Medical Association disclosed that murder is the number one cause of death for pregnant women.

Meanwhile, Child Protective Services has a long list of hopeful parents waiting to adopt. For more information on adoption, go here.

Here is your senators' contact information. Ask them to support Bill 193-32 and let's get to work saving babies and their mothers.

The Esperansa Project

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