Bitter Abortion Battle

Many of the laws of the Commonwealth of Pennsylvania remain unchanged from colonial times, and when Liberal Democratic Governor Milton Shapp was elected two years ago, he promised sweeping reform. He reckoned without the strength of a revitalized conservative coalition in the state legislature, consisting of more than 100 Roman Catholics in both houses, mostly from urban and suburban areas, aided by like-minded rural legislators. Working together, the two groups represent a formidable constituency: Pennsylvania has four million Catholic residents and the highest rural population in the nation. The Governor also reckoned without State Representative Martin P. Mullen, 51, an archconservative Philadelphia Catholic, veteran of ten two-year terms and the head of the powerful house appropriations committee.

Mullen, backed by equally conservative John Cardinal Krol and his Pennsylvania Catholic Conference, decided that the state, with its 35% Catholic population, was natural terrain to make a stand against the trend to more liberal laws on public morality. The battle was joined over the issue of abortion. To counter a liberal abortion bill, the conservatives proposed a bill of their own that outlawed abortion altogether except when a panel of three physicians certified that the mother's life was endangered. It made no allowance for victims of rape, incest or mental illness. Supporting the conservative bill, the Catholic Conference ran a long and costly campaign that included weekly pictures of truncated fetuses and aborted embryos on Page One of the Cathotic Standard & Times, the official organ of the archdiocese of Philadelphia. Last June the campaign paid off: the liberal bill was easily defeated, and the conservative bill was adopted by both houses and sent to Shapp for his signature. Mullen warned the Governor that if he attempted to stop the bill through veto or pocket veto he would run against him in the Democratic primary next year.

While Shapp mulled over what to do, the protest and counterprotest boiled on. In an unusual turn, Patricia Arney, 32, a divorcee who is a district Democratic committeewoman, revealed to the Philadelphia Inquirer that State Senator Henry J. Cianfrani, 49, one of the conservative bill's strongest supporters, had paid for her abortion in 1970 while they were having an affair, and produced a receipt for his check to prove it. He did not deny their relationship, but said that he had given her the money to visit her family in Toledo and did not know that there had been an abortion. Though the disclosure caused yowls of protest on the floor of the state senate, letters to the Inquirer ran 10 to 1 in favor of Arney's blow against hypocrites.

Last week Shapp, calling the bill "unsound, unenforceable and totally unfair," vetoed it. Mullen failed to muster the three-fourths majority necessary to override the veto, leaving the state functionally without an abortion law of any kind, since lower courts have declared the present statute unconstitutionally vague and appeals are pending. With that, Mullen sounded the charge for his race against Shapp next spring, which could be among the bitterest elections in Pennsylvania's history: he called the Governor's veto the result of a "paganistic, atheistic philosophy."

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