GUBERNATORIAL CANDIDATES - GUAM - 2014 ELECTION
Here is the pro-life record of the two gubernatorial candidates. Before the 2010 election we queried the Gutierrez campaign as to any pro-life legislation or actions we may have not been aware of. We also asked for a statement regarding the issue. We received neither. Given the Gutierrez' campaign history of reluctance to address the issue, we decided to let the record do the talking. More notes after the chart.
Notes:
While the Gutierrez campaign did not respond to Esperansa's inquiries, they did speak to the abortion issue during the 2010 election in an ad placed in the Pacific Daily News (Oct. 24, 2010, pg. 21) stating: "As Catholics, we are personally opposed to abortion", and "On the issue of abortion, the Supreme Court of the United States has spoken".
Esperansa engaged the two statements at the time and will engage them again here.
Our view is that when electing people who will make laws we really are not concerned about one’s religion or personally held beliefs. We are only concerned with what an elected person will or won’t do legislatively. Thus the “personally opposed” position has no value to us.
In regards to the statement “the Supreme Court has spoken”, the statement at the time appeared to be a response to Esperansa’s heavy criticism of Gutierrez’ running mate, Senator Frank Aguon, Jr., who, as then-chair of the committee on health, appeared to be involved in a coordinated attempt to derail Bills 54-30 and 309-30, both pro-life bills introduced by the soon to be challenger to governor’s seat, then-Senator Eddie Calvo. (Note: Senator Aguon has since changed his stance and has championed pro-life legislation in the current legislature.)
“The Supreme Court has spoken” statement was viewed, in the context just described, as an attempt to convince the public that the inaction of his then running mate was not a fault, but simply a reality in light of Roe v Wade.
Former Gov. Gutierrez’ view is shared by many, so now would be a good time to set the record straight on “the Supreme Court has spoken.”
Many are under the impression that the court in Roe v. Wade gave women an unbridled right to an abortion. It did not. In fact, Roe v. Wade gave no right to the woman at all. Here are the central provisions of the Roe v Wade decision:
(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. Pp. 163, 164.
(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163, 164.
(c) For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother. Pp. 163-164; 164-165.
As you can see, in the first trimester, the decision to abort is left ENTIRELY to the “medical judgement” of the physician, and for later stages of pregnancy, the decision is left increasingly to the state, and specifically to state legislatures who would be tasked with regulating and even proscribing abortion.
Later in Planned Parenthood v. Casey (1992), the court ruled that requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid regulations, and later in Carhart v. Gonzales (2007) the court opined: “it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.”
Both of these rulings support the very legislation (informed consent for abortion [Bill 54-30]) which Former Governor Gutierrez implied that neither he nor his running mate could do anything about when he said “the Supreme Court has spoken.”
As you can see, the Supreme Court has IN FACT spoken, and it has spoken clearly that states have a right to regulate abortion and to make sure that pregnant mothers are fully informed. This is what we were trying to in 2010 when our efforts were defeated through some amazing legislative machinations by Speaker Judith Won Pat and Senator Respicio which you can read about here.
Note: There are some very negative articles on this site about Senator Frank Aguon, Jr.’s participation in what we then called a “pro-abortion conspiracy in the Guam Legislature.” After Senator Aguon changed his position and championed his own pro-life legislation, we offered to take down those criticisms but he advised, to his credit, to leave them there as he was responsible for what he said and did at that time.
Also, at a debate at UOG in 2010 (with then candidate for Lt. Gov., Sen. James Espaldon), Former Gov. Gutierrez and Sen. Espaldon were asked for their views on abortion. Gov. Gutierrez’ only response was: “I think it is a misplaced question.”
On a positive note, Former Governor Gutierrez’ running mate this time around, Gary Gumataotao, in a private conversation, and during the 2012 debate over Bill 52-31 which required informed consent for abortion, stated that he supported the bill and, in his capacity as an attorney, would assist in facilitating adoptions at no charge.
Go here for On the Issues Abortion background
PRO-LIFE BILLS AND PUBLIC LAWS relative to the record of Governor Eddie Calvo.
Bill No. 91-28 (EC) - by Edward J B. Calvo
An Act To Add A New Section 31.20.01 To Chapter 31 Of Title 9 Of The Guam Code Annotated Relative To Prohibiting Partial Birth Abortions And To Amend Section 31.22 Of Chapter 31 Of Title 9 Of The Guam Code Annotated Criminalizing Partial Birth Abortion Procedures For Reasons Other Than To Save The Life Or Protect The Health Of The Mother As A Third Degree Felony.
Bill No. 374-29 (EC) - E.J. B. Calvo / F.F. Blas, Jr. / J.V. Espaldon / Mark Forbes / F.T. Ishizaki / J.A. Lujan / Ray Tenorio
An act to add a new Chapter 91A to Division 4 of Title 10 of the Guam Code Annotated relative to partial-birth abortion, to amend Section 3218 of Chapter 3, Division 1, of Title 10 of the Guam Code Annotated and to cite the act as “The Partial-Birth Abortion Ban Act of 2008.” Received:
Bill No. 405 -29 (LS) - E.J.B. Calvo / J.A. Lujan / D.L.G. Shimizu, Ed.D.
An act to add a new Section 3218.1 to Chapter 3 Article 2 Title 10 of the Guam Code Annotated, relative to the woman’s informed consent for abortion and to cite the act as “The Woman’s Reproductive Health Information Act of 2008”.
Bill No. 54 -30 (COR) - E.J. B. Calvo / T.R. Muña-Barnes / F.F. Blas, Jr.
An act to add a new section 3218.1 to Chapter 3 Article 2 Title 10 of the Guam Code Annotated, relative to the Woman’s Informed Consent for Abortion and to cite the act as “the Woman’s Reproductive Health Information Act of 2009”.
Bill No. 309-30 (COR) - E.J.B. Calvo / Ray Tenorio / Telo Taitague
An act to add a new Chapter 91 entitled “Child’s Right to Live Act” to Title 9 of the Guam Code Annotated relative to the protection of infants born alive as a result of an abortion. Received: 1/6/10 - 1:25 p.m.
Bill No. 52-31 (COR) - Introduced by Committee on Rules at the request of Governor Calvo
An act to add a new Section 3218.1 to Chapter 3, Article 2, Title 10 of the Guam Code Annotated, relative to women's informed consent for abortion; and to cite the act as "The Woman's Reproductive Health Information Act of 2011." Received: 1/25/11 - 3:12 p.m.
Bill No. 51-31 (COR) - Introduced by Committee on Rules at the request of Governor Calvo.
An act to add a new Chapter 91B to Division 4 of Title 10 of the Guam Code Annotated, relative to prohibiting abortion of unborn children capable of feeling pain; to amend §3218(a) of Chapter 3, Division 1 of Title 10 of the Guam Code Annotated; and to cite the act as "The Unborn Child Protection Act of 2011."
Public Law 31-235 - An act to add a new §3218.1 to Chapter 3, Article 2, Title 10 of the Guam Code Annotated, relative to women's informed consent for abortion; and to cite the act as "The Women's Reproductive Health Information Act of 2012." (SBill No. 52-31, Sponsor: Committee on Rules, Federal, Foreign & Micronesian Affairs and Human & Natural Resources, Passed: 10/24/12, Signed into Law: 11/1/12)
Public Law 31-155 - An act to add a new Chapter 4A to Division 1 of Title 19, Guam Code Annotated, relative to requiring parental consent for the conduct of an abortion upon a minor. (Bill No. 323-31, Sponsor: D.G. Rodriguez, Jr. / T.C. Ada / V. Anthony Ada, Passed: 12/22/11, Signed into Law: 12/29/11)
Public Law 32-090 - An act to add a new Chapter 91 to Title 9, Guam Code Annotated relative to protecting infants who are born alive as a result of an abortion, through the establishment of the “Infant Child’s Right to Life Act.” (Bill No. 195-32, Sponsor: F.B. Aguon, Jr., Passed: 11/12/13, Signed into Law: 11/27/13)
Public Law 32-089 - An act to amend Section 4 of Public Law 31-235, relative to deleting the provision requiring the “Printed Materials” and the “Checklist Certification” to undergo the rule making process pursuant to the Administrative Adjudication Law. (Bill No. 193-32, Sponsor: D.G. Rodriguez, Jr. / F.B. Aguon, Jr. / C.M. Dueñas, Passed: 11/12/13, Signed into Law: 11/27/13)