NAF's Report on Federal and State Action on Abortion
Issues
November, 1999
Federal Legislation
11/1 - President Clinton unveiled medical privacy regulations. Clinton's proposal would apply to all electronic medical records and to all health plans. The proposed regulations would restrict the use and release of private health information transmitted or maintained by computers.11/9 - The House of Representatives passed a resolution to initiate an investigation into the alleged illegal trafficking of fetal tissue. Life Dynamic's Mark Crutcher has claimed that businesses are "harvesting baby body parts" from abortions for medical research. According to the 1993 NIH Revitalization Act and the National Organ Transplant Act, the sale of human tissue or organs for "valuable consideration", or any altercation of the timing, method, or procedures used to terminate pregnancies in order to obtain tissue is strictly prohibited.
11/10 - The Supreme Court heard arguments regarding the privacy of motor vehicle records. Antiabortion extremists have used motor vehicle records to track abortion providers and patients.
11/10 - The House of Representatives passed the Fathers Count Act of 1999. The bill would grant federal funds to programs aimed at boosting marriage among the nation's poor by teaching absent fathers to uphold their parental responsibilities. The measure would expand the 1996 Welfare Reform law which sought to prevent out-of-wedlock births.
11/15 - The White House and Republican leadership accepted language writing the "global gag rule" restrictions into law as part of an agreement to pay U.S. back dues to the United Nations. This gag rule denies U.S. family planning assistance to any organization operating overseas that uses its own non-U.S. funds to provide abortion services or engage in advocacy related to abortion. 11/30 - The President waived the abortion performance and advocacy restrictions; however, a 3% penalty cut in overall funding for the program ($12.5 million) resulted. The $12.5 million will now be transferred to the Child Survival Program, and will be prohibited from being spent on any family-planning related activities.
11/19 -- The U.S. House and Senate approved a $385 billion omnibus spending budget that includes a $25 million increase for Title X family planning, the largest increase of family planning services since 1993.
In the States
Action on so-called "Partial Birth Abortion Bans":
11/2-Maine voters rejected a ballot initiative on so-called "partial birth abortions" defeating "Question 1" by a margin of 55% to 45%. Abortion rights supporters argued the initiative would effectively ban abortions throughout a pregnancy.
11/15 - Nebraska Attorney General Don Stenberg appealed the 8th U.S. Circuit Court of Appeals ruling that blocked the so-called "partial birth abortion" bans in Nebraska, Arkansas, and Iowa to the U.S. Supreme Court.
11/19 - The 7th U.S. Circuit Court of Appeals considered a stay to prevent so-called "partial birth abortion" bans from taking effect in Wisconsin and Illinois.
11/30 - Supreme Court Justice John Paul Stevens temporarily barred the so-called "partial birth abortion" bans from being enforced in Illinois and Wisconsin. The stay will remain in effect while opponents of the bans appeal the 7th Circuit Court of Appeals ruling to the Supreme Court.
Parental Consent/Notification:
11/19 - The New Jersey Superior Court heard arguments against the state's parental notification law. The American Civil Liberties Union is challenging the law on the grounds that it violates minors' privacy and equal protection rights.
Waiting Periods/Informed Consent:
11/1 -- Claiming it poses an undue burden on woman seeking an abortion, Indiana abortion providers are challenging a state law requiring in-person abortion counseling and a mandatory waiting period.
Contraceptive Coverage:
11/3 - The Pennsylvania House Democratic Policy Committee held hearings on two bills that would require insurance companies that cover prescription drugs to cover contraceptives.
Other State News:
11/5 - The Colorado Department of Public Health and Environment declined to renew the Boulder Valley Women's Health Center's state grant. The clinic is one of 23 clinics which received money in family planning grants. Since August, the Health Department has been actively enforcing a 1984 law barring the use of public funds for abortions.
11/7 - Wisconsin authorities took into custody a pregnant woman accused of using cocaine under the state's "Cocaine Mom" law.
11/9 - The Wisconsin Assembly approved a bill allowing greater job protections for health care workers who refuse to engage in medical procedures for religious and ethical reasons. The measure would allow doctors, nurses, pharmacists and other health care workers to be exempted from procedures involving abortion, sterilization, fetal tissue, the destruction of a human embryo and assisted suicide.
11/9 - The Ohio Department of Health is investigating the state's 21 abortion clinics to ensure they are complying with a 1997 state law requiring facilities that perform outpatient surgery to obtain a separate license.
11/22 - New York Governor George Pataki (R) signed the Clinic Access and Anti-stalking Act of 1999. The law creates new criminal penalties for those who block access to abortion clinics, houses of worship, or stalk abortion providers and clinic workers.
11/22 - The Kentucky General Assembly has expanded its Medicaid program to include substance abuse prevention and drug treatment programs for pregnant women and new mothers who have drug and alcohol problems.
11/23 -Florida's Governor Jeb Bush (R) approved the "Choose Life" license plate. The money raised from the sale of the license plates will go to adoption counseling services. The National Organization for Women has since filed an injunction to stop production of the plates.
In the Courts
11/2 - An Oklahoma District judge ruled that a 36-week fetus would become a ward of the state immediately after its birth after a pregnant woman checked into a hospital and tested positive for cocaine. The woman has not been charged with a crime and is in a drug treatment program.11/17 - A Missouri judge upheld the state Legislature's decision to deny funding to the state's Planned Parenthood affiliates because they are associated with abortion providers. The judge ruled that Planned Parenthood of the St. Louis Region and Planned Parenthood of Kansas and Western Missouri did not qualify for state family planning funds as they provide referrals for abortion and share equipment, salaries and facilities with abortion providers.
11/18 - The Texas 2nd Court of Appeals ruled that the parents of a viable unborn child have the right to sue for wrongful death.
Around the World
11/5 - Canada has approved the use of Preven, an emergency contraceptive. Canadian Wal-Marts have not refused to carry the drug as have their American Wal-Mart counterparts. Stores will order Preven upon customer request.11/7 -Despite labor laws, Mexican women in search of employment are subject to pregnancy tests administered by their future employers.
11/8 - Implanon, a contraceptive implant, has been introduced in Great Britain. Implanon releases the hormone progestin into the body.
11/10 - Dr. Warren Hern was detained at the Sydney, Australia airport for refusing to sign a document stating that he would not discuss late-term abortions. Dr. Hern was scheduled to speak at the Abortion in Focus Conference in Coolum, Australia.
11/12 - Japan's regulatory body has approved the sale and distribution of the female condom.
11/22 - The Filipino congress recently debated several family planning bills in an effort to curtail the growing population which is currently at 17 million. One proposed bill would allow abortions in cases of rape or other special circumstances.
