Abortion
Mr. Speaker, the foundation of American democracy is freedom. In particular, as Americans we are all free to choose or decline issues of conscience, but regarding abortion, choice is losing in a way that may surprise many people. Such is…
Mr. Speaker, the foundation of American democracy is freedom. In particular, as Americans we are all free to choose or decline issues of conscience, but regarding abortion, choice is losing in a way that may surprise many people.
Such is the case regarding physicians, hospitals and health plans that choose not to perform, pay for or refer for abortions. From Alaska to New Jersey, abortion advocacy groups are forcing health care entities to do the very thing they would not if they had the choice. Abortion advocates are using the courts, State and local agencies and laws to mandate that abortions be performed, paid for and referred for.
In July of 2002, an Alaska court forced a community hospital to provide elective, non-life-threatening, late-term abortions contrary to its policy. In New Jersey, abortion advocacy groups urged the State of New Jersey to require a Catholic health system to build an abortion clinic on its premises. Last year, the State of New Mexico refused to approve a hospital lease because the hospital-owned system declined to perform elective abortions.
Such coercion is wrong and should not be permitted, particularly with Federal taxpayer dollars. Roe v. Wade created a woman's right to an abortion. Today Federal law requires that an abortion be provided to a woman in a life-threatening situation, but in a perverse concerted effort, radical advocates for abortion are engaging in legislative and court efforts to coerce health care providers, health plans and clinics to provide, pay for and refer for elective, non-life-threatening abortions.
In July of last year, I offered an amendment during committee consideration of the Labor-HHS appropriation bill to stop this coercion. This provision was included in the bill when it came to the floor of the House, to which no one objected. It was then included in the final consolidated appropriation bill for 2005.
The Hyde-Weldon amendment is simple. It prevents Federal funding when courts and other government agencies force or require physicians, clinics and hospitals and health insurers to participate in elective abortions. My amendment in no way infringes on a woman's ability to seek and receive elective abortions. It simply states you cannot force the unwilling.
The amendment does not apply to willing abortion providers. Hyde- Weldon allows any health care entity to participate in abortions in any way they choose.
It simply prohibits coercion in nonlife-threatening situations.
But there is the rub. People who call themselves prochoice want no tolerance afforded toward health care entities that desire their rights of conscience be respected. Sadly, radical abortion advocates only support choice on their terms and are more than willing to use the coercive power of government to advance their agenda. Their true mantra seems to be: safe, legal, and coerced.
It is predictable that abortion advocates would look to the courts to enforce their bizarre notion that abortion should not be provided just by the willing but also the unwilling, and that is just what has happened today. In California, Attorney General Lockyer filed a lawsuit against the Hyde-Weldon amendment. He makes a number of assertions in the complaint, and I want to look at some of them right now.
Interestingly, Mr. Lockyer seems to be eager to reserve the right of the State to coerce an unwilling health care provider to participate in an elective abortion, despite the fact their own State law prohibits them, and which my amendment attempts to provide such protection to all health care providers nationally.
In the 26-page complaint, the California Attorney General fails to point to even one example of a single case supporting the assertion that the Hyde-Weldon amendment would somehow interfere with the State's desire to see abortion services offered as an emergency medical service. The complaint offers no specific case where an emergency situation required an abortion in which a health care provider refused on grounds of conscience. Why? Because it does not happen. The bulk of the rhetoric in the complaint is about this very speculative scenario.
The question I have for the California Attorney General is: Prior to my amendment, was California compelling non-willing providers to perform emergency abortions? If no, then the Attorney General has nothing to fear from my amendment because that is all it addresses. If the answer is yes, then the Attorney General wishes to protect this practice as evidenced by his desire to litigate over it.
In fact, if the answer is yes, the Attorney General is ready to subordinate all other spending priorities in his State to defend his position of coerced abortions.
In this court filing he raises the notion that women will die because they will not have access to an abortion needed to save the life of the mother. Hyde-Weldon does nothing of the sort. It ensures that in situations where a mother's life is in danger a health care provider must act to protect the mother's life.
In fact, Congress passed the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) forbidding critical-care health facilities to abandon patients in medical emergencies, and requires them to provide treatment to stabilize the medical condition of such patients-- particularly pregnant women.
The bottom line is that this lawsuit seems to be more about politics and using the coercive power of the state for forced participation in abortion, rather than ensuring that pregnant women in emergency situations have access to life-saving care.