Abortion issue tossed to court

The legality of abortion in the Commonwealth is a matter that must be resolved in court and not in the legislative chambers, according to Senate Floor Leader Pete P. Reyes.

As debate heats up on abortion, the Senate is not likely to tackle the issue anytime soon despite the move of the House of Representatives to hold closed-door discussion last week.

Like members of the lower house, senators were mum on the highly-sensitive issue when sought for comment, but Mr. Reyes said addressing the legality of abortion here is best left to the court to resolve.

“That is not a legislative matter. It’s a constitutional issue,” he told in an interview. “If one wants to challenge our Constitution, he or she has to go to court.”

Under the CNMI Constitution, abortion is banned in the Northern Marianas, except as provided by law. There is no statutory law that allows such practice or punishes anyone violating the constitutional provision.

Mr. Reyes, however, maintained it would be baseless to enact legislation allowing abortion on the island if the Constitution already prohibits the practice. “I think there will be stronger basis if the Constitution is challenged in court,” he said.

For now, the Senate is not going to follow the House’s decision to begin discussion on the issue, added the senator. The upper leadership met last week to talk on pending legislation, but not on abortion, according to the members.

Gov. Pedro P. Tenorio last week ordered the Attorney General’s Office to look into a legal opinion issued by former AGO officials in 1995 as reports that abortion is being allowed on the island have “disturbed” him.

Bishop Tomas A. Camacho also condemned attempt by some quarters to legalize abortion in the Commonwealth in a pastoral letter read in Catholic churches yesterday.

He expressed sadness over reports that abortions are being performed on the island and that some individuals have come out to suggest that such practices are legal here, while reiterating the Catholic’s strong opposition against abortion which he said is a grave offense tantamount to excommunication from the church.

Although lawmakers have declined to talk to reporters on the subject, unconfirmed reports have indicated that they are expected to come up with legislation declaring the stance of the CNMI government on abortion.

As U.S. jurisdiction, the Commonwealth must comply with the U.S. Supreme Court ruling on the controversial Roe vs. Wade case which gave rights to women across the nation to choose to have an abortion.