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Freedom of Choice Act

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The Freedom of Choice Act (H.R. 1964/S. 1173) is a bill in the 110th United States Congress which "declares that it is the policy of the United States that every woman has the fundamental right to choose to bear a child; terminate a pregnancy prior to fetal viability; or terminate a pregnancy after viability when necessary to protect her life or her health.

It prohibits a federal, state, or local governmental entity from denying or interfering with a woman's right to exercise such choices; or discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively.

It also authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action."[1]

Findings

The bill states in its findings section that Congress has the affirmative power to legislate abortion based, in part, on the crossing of state lines by abortion providers, women seeking abortions, and medical supplies used in abortions.

Sponsorship

The Freedom of Choice Act was sponsored in the House of Representatives by Congressman Jerrold Nadler, and originally co-sponsored by Congressman James Greenwood, Congresswoman Louise Slaughter, and Congresswoman Diana Degette. In the Senate, it was sponsored by Senator Barbara Boxer, and originally co-sponsored by Senators Jon Corzine, Patty Murray, Frank Lautenberg, Hillary Rodham Clinton, Maria Cantwell, Jim Jeffords, Joseph Lieberman, Dianne Feinstein, Paul Sarbanes, and Barbara Mikulski. The bill was introduced in the United States House of Representatives on January 21, 2004, and in the United States Senate on January 22, 2004. President Barack Obama promises to sign it if it is passed by Congress [2].

Status

The bills were referred to the Judiciary Committees of their respective Houses. Neither bill received further action in the 108th Congress. The bills were reintroduced in the 110th Congress, but like their predecessors, have been referred to committee without further action. As of January, 2009, the bill has not been introduced to the 111th Congress.

Description

The bill is described by NARAL Pro-Choice America president Nancy Keenan as a bill to "codify Roe v. Wade" which would "repeal the Bush-backed Federal Abortion Ban," referring to the Partial-Birth Abortion Ban Act, "and other federal restrictions,".[3] Similarly, opponents of the bill assert that[4] it would, if passed, invalidate every restriction on an abortion before the stage of viability, in every state, even those previously found consistent with Roe v. Wade by the United States Supreme Court, such as parental notification laws, waiting periods, and the Partial-Birth Abortion Ban Act. Opponents further assert that it would challenge the right of religiously-based hospitals or clinics to refuse to perform abortions, and that it would force the repeal of the Hyde Amendment, which restricts the use of Federal funding for abortions. Conservative legal scholar Douglas Kmiec disagrees with the latter assertion, noting that the Hyde Amendment is renewed annually by Congress and argues that this legislation would not supersede it.[5]

Debate

Then-senator Barack Obama became a co-sponsor of the 2007 Senate version of the bill (S. 1173). Responding to a question regarding how he would preserve reproductive rights in a speech given to the Planned Parenthood Action Fund on July 17, 2007, he declared "The first thing I'd do, as president, is sign the Freedom of Choice Act. That's the first thing that I'd do."[6] Although those who oppose the Act have interpreted it as an attempt to obligate religious hospitals to either "do abortions or close",[7] supporters point to conscience clause laws[8] that would protect religious hospitals.[9] Opponents counter that such conscience clauses are weak and easily reinterpreted, and do not explicitly allow religious hospitals to ban the abortion procedure within the hospital.[10]

Some opponents[who?] suggest that the rationale for legislating abortion on a federal level could logically be extended to every act of commerce that may occur across state lines, and say that such a rationale is likely to be deemed unconstitutional.

The U.S. Conference of Catholic Bishops (USCCB) has been vehemently opposed to the Freedom of Choice Act. According to the USCCB's Secretariat for Pro-Life Activites, FOCA would not only "codify the Supreme Court's 1973 decision in Roe v. Wade" but "in allowing and promoting abortion, FOCA goes far beyond even Roe."[11] On November 12, 2008, Francis Cardinal George, president of the USCCB, warned that FOCA would limit the right of Catholic hospitals and doctors to not offer abortions adding that, "those who support FOCA must realize that if Catholic hospitals are ever required to perform abortions, the bishops will close every one of them; no one would be hurt more than the poor."[12]

The pro-life organization Americans United for Life (AUL) began a petition called Fight FOCA to collect signatures to oppose FOCA. AUL also wrote an open letter to Senator Barack Obama on FOCA.[13] As of Wednesday, January 21st, 2009 (6:30PM EST), the Fight FOCA petition has had over half a million signatures.[14]

References

  1. ^ Congressional Research Services (CRS) Summary of H.R. 1964.
  2. ^ Barack Obama speaks to Planned Parenthood promising to sign FOCA YouTube
  3. ^ Choice Chat transcript NARAL Pro Choice America
  4. ^ Federal Legislation National Right to Life Committee
  5. ^ Kmiec Responds to Criticism on Abortion Reduction "Scam" Beliefnet
  6. ^ Barack Obama Promises to Sign FOCA YouTube.com, posted July 9, 2008.
  7. ^ "Obama's Threat to Catholic Hospitals" Melinda Henneberger writing in Slate
  8. ^ "Sterilization or Abortion" US Code § 300a–7.
  9. ^ "What Would FOCA Really Do?" Emily Douglas writing at RH Reality Check
  10. ^ "Obama's Threat to Catholic Hospitals" Page 2
  11. ^ "The "Freedom of Choice Act:" Most Radical Abortion Legislation in U.S. History" (PDF). USCCB. 2008-9-30. Retrieved 2008-11-08. {{cite web}}: Check date values in: |date= (help)
  12. ^ Donahue, Bill (2008-11-12). "Bishops Warn Obama on Abortion; Catholic Left Rebuked". Catholic League. Retrieved 2008-11-12.
  13. ^ Yoest, Charmaine, Ph.D. "An Open Letter to Senator Obama on Behalf of All Ohio Parents" (PDF). Retrieved 2008-11-08.{{cite web}}: CS1 maint: multiple names: authors list (link)
  14. ^ Fight FOCA signatures counter

External links

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