Attorneys differ on Roe v. Wade ruling's effect on Guam

In a landmark decision, the Supreme Court overturned the 50-year-old Roe v. Wade ruling and returned back to the states and territories the power to decide whether abortion should be legal in their jurisdictions. But there are differing opinions about the immediate impact on Guam. 

Attorney Vanessa Williams of "Guam People for Choice" says abortion continues to be legal on Guam, and the Supreme Court ruling doesn't change that. She says a bill to outlaw abortion by the late Sen. Elizabeth Arriola and signed into law in 1990 by then-Gov. Joe Ada was shot down by the ninth circuit court of appeals.

"And it said this law is void meaning it's of no effect and it's permanently enjoined meaning nobody can enforce it, so this law is dead," she said. 

But attorney Peter Sgro, who helped craft Sen. Telena Nelson's still pending legislation to ban abortions once a fetal heartbeat is detected believes otherwise.

"The entire 100-percent basis of doing so 30 years ago  was Roe v. Wade, so just from a common-sense standpoint there is no roe versus wade, so what happens? To me, it should just automatically just go into effect."

But there's one other thing that has to happen first.

"I feel that our Guam attorney general needs to file literally a one-page document in court dissolving the injunction, just as a formality," Sgro said. "You know there is some confusion in our community and by him doing what he should do that's required by the order of the supreme court it will really help clarify a lot of things and help a lot of people."

Sgro has contacted the AG's office seeking clarification, as have Vice Speaker Tina Barnes and Sen. Mary Torres. They also raised questions about a required referendum on the abortion issue that was never carried out. Williams says it's clear what the people want.

"The majority of Guam voters they've said no, we don't want you to restrict health care, restrict reproductive health care, we want you to expand access and help us with the real problems on Guam which are extremely high rates of domestic violence, sexual assaults against women and children, poverty, some of the highest rates of infant mortality, you know that's what voters want," she said. 

She says lawmakers who push to criminalize abortion do so at their own peril. She also believes they all need to make clear where they stand.

"They owe it to the people of Guam, this is your job, you have to answer you have to unequivocally state where you are and your position, do I support women or do i make exception when I think I know what's better for your body. and every single person is going to have to account for that and their silence is going to be deafening."

Late this afternoon the AG's released a statement stating it's reviewing Guam's abortion law and court orders in related litigation to determine the current state of the law in the wake of the Supreme Court decision, and will take appropriate legal action.