Republican supermajority fails to pass HB 1373 to provide equal protection in North Dakota (2025)

Legislative Archive2025 Legislation
Written By Editor

Summary

On FEBRUARY 12, 2025, lawmakers in the North Dakota House of Representatives voted against House Bill 1373, the North Dakota Prenatal Equal Protection Act, thereby keeping abortion legal in the state. Though the bill gained more support on the floor of the North Dakota House than any abolition bill has yet received in efforts across the country, HB 1373 was voted down by a Republican-dominated North Dakota House in a 16-77 vote.

Prior to and during the committee hearing on HB 1373, state and national Pro-Life leaders voiced their opposition to the equal protection of the laws for preborn children in North Dakota.

What happened?

HB 1373 was introduced by North Dakota State Rep. Lori VanWinkle (R) and had eight other co-sponsors in the lower chamber join the effort, including State Reps. Matt Heilman (R), Donna Henderson (R), Dan Johnston (R), Jeff Hoverson (R), Desiree Morton (R), Doug Osowski (R), Nico Rios (R), and Christina Wolff (R). State Senators Jose Castadena (R), David Clemens (R), and Desiree Van Oosting (R) were also co-sponsors in the upper chamber.

The bill would have defined “human being” as including an “unborn child,” meaning an “individual living human child before birth from the beginning of biological development at the moment of fertilization.” Therefore, it would have ensured that the preexisting North Dakota statutes pertaining to murder and assault, as well as civil actions from wrongful death, protected the lives of preborn people in the same way they protect the lives of born people.

  • See the bill announcement from the Foundation to Abolish Abortion: direct link

Planned Parenthood and ACLU oppose HB 1373

The branch of Planned Parenthood that covers North Dakota swiftly came out in opposition to HB 1373, telling supporters that the bill would “open the door to further legislative attacks on pregnant people and providers, including additional criminalization.” The ACLU of North Dakota also announced their opposition to the bill, saying that “granting rights to a fertilized egg, embryo, or fetus could result in the criminalization and prosecution of pregnant people not just for abortion, but for any adverse pregnancy outcomes.”

Coalition of conservatives support HB 1373

Meanwhile a coalition of grassroots conservatives and organizations signed a joint statement supporting the bill, reminding lawmakers that they have a “mandate from God to protect the lives of all preborn beings.” Signers included North Dakota Can Executive Director Amber Vibeto, two national committee members of the North Dakota Republican Party, and Abby Johnson, the CEO of And Then There Were None.

Committee Hearing on HB 1373

HB 1373 was assigned to the House Human Services Committee. In North Dakota bills receive a recommendation of DO PASS or DO NOT PASS from a committee prior to advancing to the floor. HB 1373 advanced from the committee on February 5, 2025, with a Do Not Pass recommendation as nine Republicans and two Democrats voted against the bill. North Dakota State Rep. Dwight Kiefert (R) voted in favor of the legislation, while North Dakota State Rep. Nico Rios (R), who co-sponsored the proposal, said he also would have voted for the bill if he were present at the vote.

Committee members voting in favor of a DO NOT PASS recommendation: Matt Ruby (R), Kathy Frelich (R), Clayton Fegley (R), Karen Rohr (R), Karen Anderson (R), Mike Beltz (R), Macy Bolinske (R), Dawson Holle (R), Jared Hendrix (R), Jayme Davis (D), and Gretchen Dobervich (D).

Committee members voting against a DO NOT PASS recommendation: Dwight Kiefert (R)

Committee members not present (not voting): Nico Rios (R)

VanWinkle testified in favor of the bill, noting that existing Pro-Life laws in North Dakota failed to substantially reduce the number of babies murdered even after Dobbs and calling for equal protection of the laws for preborn babies. Ginna Cross, the director of Alliance Family Services in Wisconsin, and Jody Clemens, a post-abortive mother in North Dakota, also testified in favor of the bill. Foundation to Abolish Abortion President Bradley Pierce spoke in favor of HB 1373 and responded to questions from lawmakers, many of which handled implementation and enforcement.

Pro-Life lobbyists intervene to oppose HB 1373

Also during the committee hearing, lawmakers heard from leading Pro-Life establishment lobbyists in the state who opposed HB 1373.

Christopher Dodson, co-director and general counsel of the North Dakota Catholic Conference, spoke immediately after North Dakota State Rep. Karla Rose Hansen (D). Dodson testified that women are categorically victims of abortion and that the Fourteenth Amendment to the United States Constitution does not consider preborn babies to be persons.

Mark Jorritsma, executive director of the North Dakota Family Alliance, also testified against the bill, claiming that the mercy shown by Jesus to sinners means that women should not face penalties if they willfully choose to murder their babies in the womb.

Dodson and Jorritsma also submitted written testimony opposing HB 1373 to the committee prior to the hearing, and the North Dakota Catholic Conference publicized their opposition to the bill in their email newsletter.

  • See committee testimony from Christopher Dodson of the North Dakota Catholic Conference: YouTube (timestamp) | X post

  • See written testimony opposing HB 1373 from Christopher Dodson, Co-Director of North Dakota Catholic Conference: direct link | perma link

  • See email newsletter sent out by North Dakota Catholic Conference stating that they oppose HB 1373: PDF file

  • See committee testimony from Mark Jorritsma of the North Dakota Family Alliance Legislative Action: YouTube (timestamp)

  • See written testimony opposing HB 1373 from Mark Jorritsma, Executive Director of North Dakota Family Alliance Legislative Action: direct link | perma link

A history of Pro-Life opposition to equal protection in North Dakota

In 2024, just under one year prior to the committee hearing on HB 1373, several state and national Pro-Life establishment groups similarly opposed an equal protection resolution proposed for the platform of the North Dakota Republican Party. The Pro-Life leaders said that they oppose “criminalizing or otherwise punishing women,” and were therefore in “opposition to the resolution before the North Dakota Republican Party.”

They also cited a similar 2022 letter that served to kill an abolition bill in Louisiana, which said, “we do not support any measure seeking to criminalize or punish women and we stand firmly opposed to include such penalties in legislation.” That letter was cited and affirmed in the North Dakota letter, which was signed by Jorritsma, alongside national leaders like Students for Life of America President Kristan Hawkins, Susan B. Anthony Pro-life America President Marjorie Dannenfelser, National Right to Life Committee President Carol Tobias, March for Life Action President Jeanne Mancini, and several others.

  • See the 2024 letter from Pro-Life leaders opposing the North Dakota Republican Party equal protection resolution: direct link | perma link

  • See the 2022 letter opposing equal protection signed by 70+ Pro-Life leaders that was referenced in North Dakota: direct link | perma link

  • See the full story of how Pro-Life leaders opposed equal protection in North Dakota: YouTube | X post | article with sources | (video also embedded below)

Equal protection bill receives a floor vote

HB 1373 was introduced and progressed to the House floor, in spite of the history of organized Pro-Life opposition to equal protection in North Dakota. Because of the legislative rules in the state of North Dakota, HB 1373 was eligible for a floor debate and floor vote in the North Dakota House on February 12, 2025, despite the Do Not Pass recommendation.

The floor debate lasted for almost thirty minutes. North Dakota State Rep. Kathy Frelich (R) opposed the bill, defending the House Human Services Committee decision to issue a Do Not Pass recommendation, as well as referencing the 2022 letter sent in Louisiana.

VanWinkle and other advocates of the bill nevertheless spoke powerfully in favor of the legislation, correcting misunderstandings from their colleagues and warning that God would hold them accountable for their decision on HB 1373. VanWinkle said that “God requires justice and He requires us to repent of our sin for that forgiveness to take place.”

HB 1373 failed on the House floor with 16 lawmakers in support and 77 opposed. One member was absent. At the time of the vote the North Dakota House had a decisive Republican supermajority, with 82 Republican members and only 11 Democrats.

House members voting in favor of HB 1373: Jay Fisher (R), Matthew Heilman (R), Donna Henderson (R), Jeff Hoverson (R), Daniel Johnston (R), Jim Kasper (R), Dwight Kiefert (R), Roger A. Maki (R), Andrew Marschall (R), Desiree Morton (R), Dennis Nehring (R), SuAnn Olson (R), Doug Osowski (R), Nico Rios (R), Lori VanWinkle (R), and Christina Wolff (R).

House members voting against HB 1373: Bert Anderson (R), Dick Anderson (R), Karen A. Anderson (R), Landon Bahl (R), Mike Beltz (R), Mike Berg (R), Macy Bolinske (R), Glenn Bosch (R), Mike Brandenburg (R), Collette Brown (D), Nels Christianson (R), Liz Conmy (D), Jayme Davis (D), Gretchen Dobervich (D), Jason Dockter (R), Ty Dressler (R), Clayton Fegley (R), Lisa Finley-DeVille (D), Austin Foss (D), Kathy Frelich (R), Karen Grindberg (R), Jim Grueneich (R), LaurieBeth Hager (D), Jared C. Hagert (R), Karla Rose Hanson (D), Patrick R. Hatlestad (R), Dori Hauck (R), Craig Headland (R), Pat D. Heinert (R), Jared Hendrix (R), Dawson Holle (R), Zachary Ista (D), Jorin Johnson (R), Jim Jonas (R), Karen Karls (R), Keith Kempenich (R), Lawrence R. Klemin (R), Ben Koppelman (R), Mike Lefor (R), Donald W. Longmuir (R), Scott Louser (R), Bob Martinson (R), Carrie McLeod (R), Lisa Meier (R), Alisa Mitskog (D), David Monson (R), Mike Motschenbacher (R), Eric J. Murphy (R), Mike Nathe (R), Jon O. Nelson (R), Anna S. Novak (R), Emily O'Brien (R), Jeremy L. Olson (R), Mitch Ostlie (R), Todd Porter (R), Brandy L. Pyle (R), David Richter (R), Karen M. Rohr (R), Dan Ruby (R), Matthew Ruby (R), Mark Sanford (R), Bernie Satrom (R), Mike Schatz (R), Austen Schauer (R), Mary Schneider (D), Cynthia Schreiber-Beck (R), Vicky Steiner (R), Gregory Stemen (R), Steve Swiontek (R), Nathan Toman (R), Bill Tveit (R), Steve Vetter (R), Don Vigesaa (R), Daniel R. Vollmer (R), Scott Wagner (R), Jonathan Warrey (R), Robin Weisz (R).

House members not present (not voting): Josh Christy (R).

North Dakota babies remain unprotected 

At the time HB 1373 failed it was estimated that more than 200 preborn babies were still being legally murdered on North Dakota soil each year.

In North Dakota overall abortion numbers have not materially declined
Editor
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