ACTION ALERT ----   “Reproductive Health Act” Introduced:
Act Now to Stop S.5808!

On Friday, June 5, Senator Andrea Stewart-Cousins (D – Westchester) and 23 of her Democratic colleagues, introduced a new Governor’s Program Bill called the “Reproductive Health Act.”  Sent to the Legislature as a priority from Governor David Paterson, this legislation (S.5808) is modeled on former Governor Eliot Spitzer’s “Reproductive Health and Privacy Protection Act” of 2007.  The bill, S.5808, has been modified in a few minor ways but remains a dangerous, extreme proposal to loosen New York’s abortion laws and promote abortion-on-demand.

The Senate bill has been referred to the Senate Rules Committee.  There is no similar bill yet introduced in the Assembly, but this could happen at any time.

On Monday, June 8, Republican members of the State Senate executed a takeover of the majority in that house by including two Democratic votes in favor of appointing Senator Dean Skelos (R – Rockville Centre) Majority Leader.  This change upends the agenda in Albany, where Democrats had assumed power in the Senate in January, with 32 seats, after more than 40 years in the minority. The Democrats had been pushing the Reproductive Health Act (in its previous form) for some time now, and some political observers believe the takeover in the Senate dooms the bill to failure.

But at this point, all bets are off.  We must not be complacent.  We must be vigilant.  Time is short!  Two of the Democratic sponsors of the bill are Senators Espada (D - Bronx) and Monserrate (D - Queens), the two Democrats who joined with the Republicans to create the new "majority" in the New York State Senate. The regular legislative session is scheduled to end on June 22, but the session could extend well beyond that date.  Contact your elected State Senator, and your Assembly Representative and urge them to oppose this bill.  Talking points follow.   Don’t forget you can easily communicate with your elected representatives through the NYS Catholic Conference website at www.nyscatholic.org.  Call and e-mail today!  An Action Alert will be sent out shortly through the Catholic Advocacy Network.

• The bill would establish a “fundamental right of privacy” within New York State law, encompassing the right “to terminate a pregnancy.” This change does not simply “codify Roe vs. Wade” in New York law.  It significantly diverges from the Supreme Court’s interpretation of Roe which rejected the view that a woman has a “fundamental” right to abortion. Instead, the Court said that states may regulate abortion, as long as those regulations do not place an “undue burden” on the right to an abortion. This bill says that abortion is fundamental and thus untouchable – no regulations on abortion, ever.
• The bill would ensure that abortions, possibly even “partial-birth abortions,” are legal throughout all nine months of pregnancy if they are deemed necessary to protect the life or “health” of the mother.  The U.S. Supreme Court has interpreted the term "health" so broadly as to include social, economic and emotional distress factors, rendering the term meaningless.

Current state law says abortions are legal in New York through 24 weeks of pregnancy (Article 125 Penal Law), but outlawed after that unless they are necessary to save a woman’s life.  This bill would repeal that law and permit all third-trimester abortions.  This ignores the state's legitimate interest in protecting the life of fully formed children in the womb, and ignores the will of a majority of New Yorkers who oppose late-term abortion.  Moreover, even though federal law now prohibits one particular method of later-term abortion known as “partial-birth abortion,” that federal ban is limited in its reach, meaning this legislation could even permit partial-birth abortions in New York State.

• The bill could undermine conscience protection in current law by requiring every institution licensed or funded by the state – including religious hospitals, agencies and schools – to support abortion, provide coverage for abortion, or to permit abortions. While this bill contains limited conscience protection, that protection is ambiguous and inadequate and appears to be extended only to individual health providers who do not wish to “provide” abortions.  The protection is not extended to hospitals or other institutions, nor to individuals who do not wish to be involved with abortion through counseling, referrals or insurance coverage. The legislation declares that “the state shall not discriminate” against the exercise of the fundamental right to abortion in the “provision of benefits, facilities, services or information.”  It opens the door for state regulators, such as the State Health Department or State Insurance Department, to mandate support for abortion from any agency or institution licensed or funded by the state.
• The bill could be used to undermine the state’s maternity programs, such as the Prenatal Care Assistance Program (PCAP).  These beneficial programs, which are working well to reduce infant mortality, could be ruled “discriminatory” for favoring childbirth over abortion, if this bill were to become law.
• The bill would repeal the requirement in current law that says only doctors can perform abortions. While current law states that only a “duly licensed physician” may perform abortion, this bill would allow any “licensed health care practitioner” to perform the procedure prior to viability. This dangerous and extreme change clearly puts women's health at risk, and mirrors a national abortion strategy to permit non-doctors to perform abortions due to the declining number of physicians willing to do so.
• Not only would the bill disallow any criminal penalties for abortion, but it removes language from previous versions of the bill which allowed for medical misconduct charges against those who would perform unauthorized abortions.  The current version allows for absolutely no actions against doctors or non-doctors (see above) who perform unauthorized abortions.  This does not protect women’s health.

Call the Senate switchboard to be connected to your Senator at 518-455-2800.

Call the Assembly switchboard to be connected to your Assembly representative at 518-455-4100.

Message to Lawmakers: “Oppose the Reproductive Health Act, S.5808, currently in the Senate Rules Committee.  This bill is not simply an attempt to update New York’s abortion laws.  It is a broad, unnecessary and dangerous bill that would radically alter New York abortion policy.”