A rally of bill supporters shouted “Let them live” ahead of the vote. Photo: Dr Joanna Howe Facebook.
A controversial bill to criminalise sex-selective abortion has been narrowly defeated 21-16 in the NSW Upper House amid accusations of racism and claims it would unfairly target migrant women.
The bill, introduced by Libertarian MP John Ruddick, would have made it an offence to terminate a pregnancy because of the sex of the foetus, with individuals facing up to five years in prison.
Supporters argued the bill would stop discrimination against unborn girls and protect women from cultural and family pressure to terminate pregnancies, which is said to occur in China and India.
Opponents said there was little evidence the practice occurred in NSW and feared the laws would make doctors reluctant to provide abortion services, particularly in rural areas like the Riverina.
The conscience vote split MPs across party lines, with most Liberal and Nationals MPs voting for the bill, including Wagga-based Nationals MP Wes Fang.
Most Labor MPs voted against it, along with all Greens MPs.
Among the prominent votes, independent Mark Latham, Liberals Damien Tudehope and Scott Farlow and the Nationals’ Nicole Overall backed the bill, while Albury Greens MP Amanda Cohn, Labor’s Cameron Murphy and Nationals’ Sarah Mitchell and Scott Barrett voted against it.
Dr Cohn, who has campaigned against the bill, hailed its defeat as a setback for what she described as US-style anti-abortion activism.
“This bill was never about protecting girls – it was a thinly veiled attempt to incrementally re-criminalise abortion and make it harder to access,” she said.
Meanwhile, anti-abortion activist Joanna Howe vowed to campaign against National Party figures who opposed the bill and to seek to have them replaced by One Nation MPs at the 2027 state election.
Mr Murphy accused the bill’s proponents of racism.
“In promoting the bill, its proponents … have engaged in racist dog whistling by suggesting that it is needed because sex-selective abortion is occurring in high numbers in migrant communities. It has been used specifically to target and demonise women from Asian and South Asian backgrounds,” he said.
Mr Ruddick hit back.
“The cupboard is bare, so they have reached down to the bottom drawer and brought out their favourite card: racism,” Mr Ruddick said.
“I reckon I have spent more time in China than other members. I could be wrong, but I have been there at least five times, not on some Contiki tour, but hanging out with my family.
“That is how racist I am – I hate them so much I go and spend two months with them.”
Dr Amanda Cohn campaigned strongly against the bill. Photo: Amanda Cohn Facebook.
Independent MP Mark Latham argued that feminists should support the bill.
“I would have thought that anyone who regards themselves as a feminist would think that terminating a foetus on the basis that it will be born female is an abhorrent, barbaric, terrible practice,” he said.
Mr Tudehope said the issue was fundamentally about discrimination.
“At its most foundational level, sex-selective abortion says this: If the child is a boy, he may be permitted to live. If the child is a girl, she may be eliminated,” he said.
Opponents, however, argued the proposed criminal penalties were disproportionate and could have unintended consequences for doctors and women seeking abortions.
Dr Cohn has argued that sex-selective abortion is already prohibited under NSW Health policy and that practitioners can face disciplinary action for breaching those rules.
She also warned that introducing criminal penalties could make doctors more reluctant to provide any form of abortion care.
The bill’s defeat means the existing NSW framework remains in place, including NSW Health policy prohibiting terminations being performed solely for sex-selection purposes.
But Dr Cohn said the fight over abortion access was far from over, arguing that decriminalisation had not guaranteed access to services across the state.
She pointed to the limited number of public hospitals providing abortion services and the difficulties faced by women in regional areas.
In the Riverina, women seeking a surgical abortion cannot currently access the procedure locally, meaning some must travel outside the region for care.
Dr Cohn said the NSW Greens would continue pushing the NSW Government to improve access to abortion care by increasing the number of public hospitals providing the service and supporting GPs to provide early abortion care in their practices.
