Kirsten Gillibrand on Abortion Democratic Senator (NY); Democratic Candidate for President (withdrawn)

Women's reproductive rights are under assault

Debate is about women's rights, not infanticide

Gillibrand's most explicit pitch went to female voters: "I am the leading presidential candidate on women's rights today," she said. In the last month, Gillibrand rolled out a slate of policies around reproductive rights and women's health. She waded into a congressional Democratic primary, endorsing the challenger to an anti-abortion-rights Democratic House member in Illinois. She was also the first presidential candidate to commit to a litmus test for judicial nominees by pledging only to nominate judges who consider Roe v. Wade as settled precedent.

Abortion is the human right to bodily autonomy

Ms. Gillibrand, long a prominent advocate for issues affecting women, has placed herself at the forefront of the debate, hoping that some primary voters may factor the new measures into their decisions. "Why should male legislators across this country decide when you are having children, how many and under what circumstances?" she asked Sunday, her voice rising. "I don't understand it. It's a human right. It's about having bodily autonomy. It's about being able to control your physical self."

She did not specifically address third-trimester abortions (which account for less than 1.5% of abortions), even when the audience member asked a second time.

Codify Roe v. Wade; repeal Hyde Amendment

Would look to remove the Hyde Amendment

Democratic candidates must support reproductive freedom

Her judicial appointments must uphold Roe v. Wade

Fewer limits on abortion; no 20-week ban

• Social issues: Expand abortion access.
• Gillibrand supports abortion rights, including placing fewer limits on, and expanding access to, abortion.
• She vocally opposed the Supreme Court nomination of Brett Kavanaugh, arguing that he could help overturn the landmark Roe v. Wade decision legalizing abortion.
• She also voted against a bill that would ban abortions after 20 weeks of pregnancy.

Let women make life-and-death decision about own body

Gillibrand countered that there is a movement to undermine women's basic rights. "To say that's evil shows disregard for the ability of a woman to make that personal life-and-death decision about her own body," Gillibrand said.

Majority of women use contraception; it's not "evil"

Gillibrand shot back that the overwhelming majority of women use some type of contraception. "To say that's evil shows a disregard for the ability of a woman to make that personal life and death decision about her own body and her family," she said.

Require coverage of contraception, even church employees

The women also differ on a recent plan, announced by the Obama administration, to require coverage of contraception. Originally Obama mandated that all employers--including some religious hospitals that may have a moral objection--provide contraception coverage in their insurance plans. After pressure, Obama amended the regulations to require health insurers provide the coverage without employers that object to it paying.

Republicans last week attempted to pass a measure, dubbed the Blunt Amendment, which would allow employers a "conscience" exemption. Long said she would support it, and attacked Gillibrand's vigorous opposition to it.

"She supports Obama's enforcement of their view on religious institutions & people of conscience who would have a problem with it," Long said

Financially supported by Emily's List

She was an outspoken supporter of Mrs. Clinton's presidential campaign and has drawn financial support from prominent women's groups in Washington, not least Emily's List.

Voted NO on restricting UN funding for population control policies.

Proponent's argument to vote Yes:Sen. WICKER (R-MS): This amendment with one issue and one issue only--whether US taxpayer dollars will be provided to help fund coercive population control policies, such as China's one-child policy--a policy that relies on coerced abortion and forced sterilization. Specifically, this pro-child, pro-family, pro-woman amendment would restore the Kemp-Kasten antipopulation control provision, which has been a fundamental part of our foreign policy for almost a quarter century. As it has always done, Kemp-Kasten allows the President to certify that funds are not used for coercive family practices. My amendment is needed because the underlying bill reverses this longstanding provision.

Sen. COBURN (R-OK): I stand in the corner of pro-life. But I want to debate this issue as if I were pro-choice. If we believe that women have a right to choose, why in the world would we send money to UNFP that is going to take that right away from women in other countries? You can't be on both sides of this issue. Either you believe in a woman's right to choose or you do not. Or you only believe in a woman's right to choose in America, and because the Chinese have too many people, you don't think that same human right ought to be given to women in China. There is no question that UNFP will mix this money, and we will fund forced abortions in China. [Without this amendment] American taxpayer dollars are going to go to China to enforce coercive abortion against the will of women and force sterilization against the will of women in China.

Opponent's argument to vote No:None spoke against the amendment.

Voted YES on expanding research to more embryonic stem cell lines.

1. have been donated from in vitro fertilization clinics;
2. were created for the purposes of fertility treatment;
3. were in excess of the needs of the individuals seeking such treatment and would otherwise be discarded; and
4. were donated by such individuals with written informed consent and without any financial or other inducements.

Proponents support voting YES because:

Since 2 years ago, the last Stem Cell bill, public support has surged for stem cells. Research is proceeding unfettered and, in some cases, without ethical standards in other countries. And even when these countries have ethical standards, our failures are allowing them to gain the scientific edge over the US. Some suggest that it is Congress' role to tell researchers what kinds of cells to use. I suggest we are not the arbiters of research. Instead, we should foster all of these methods, and we should adequately fund and have ethical oversight over all ethical stem cell research.

Opponents support voting NO because:

A good deal has changed in the world of science. Amniotic fluid stem cells are now available to open a broad new area of research. I think the American people would welcome us having a hearing to understand more about this promising new area of science. As it stands today, we will simply have to debate the bill on the merits of information that is well over 2 years old, and I think that is unfortunate.

The recent findings of the pluripotent epithelial cells demonstrates how quickly the world has changed. Wouldn't it be nice to have the researcher before our committee and be able to ask those questions so we may make the best possible judgment for the American people?

Supports both federal abortion funding & judicial activism.

The Christian Coalition voter guide [is] one of the most powerful tools Christians have ever had to impact our society during elections. This simple tool has helped educate tens of millions of citizens across this nation as to where candidates for public office stand on key faith and family issues.

The CC survey summarizes candidate stances on the following topics:
• Public funding of abortions, (such as govt. health benefits and Planned Parenthood)
• Appointing judges that will adhere to a strict interpretation of the Constitution [vs. accepting judicial activism]

Sponsored bill allowing military abortions in cases of rape.

Military Access to Reproductive Care and Health for Military Women Act or the MARCH for Military Women Act - Amends the prohibition on using funds available to the Department of Defense (DOD) to perform abortions by adding an exception for cases where the pregnancy is the result of rape or incest. (Current law provides an exception only where the life of the mother would be endangered if the fetus were carried to term.) Repeals a statutory restriction on using a medical treatment facility or other facility of the DOD to perform an abortion.

[Explanatory note from campusprogress.org "Military Reproductive Rights Bill", 7/5/11]:

Currently, the health coverage U.S. servicewomen have doesn't cover abortion, even in the case of rape or incest. U.S. servicewomen are also not permitted to use their own money to pay for an abortion at a military hospital. Military women stationed abroad are most affected by this regulation, as they would be forced to seek abortion services at foreign hospitals, which may be unsafe, or request permission from a supervisor to leave the country, which forces them to divulge that they are seeking an abortion. Most other American women who receive health care from the government but are not in the service can receive abortions in the case of rape, incest, or to the save the life of the mother. The MARCH for Military Women Act would give servicewomen coverage for abortion in the case of rape or incest and allow them to use their own funds for abortion at a U.S. military facility. NARAL Pro-Choice America and Planned Parenthood are among many organizations that support this legislation.

Require pharmacies to fulfill contraceptive prescriptions.

Access to Birth Control Act: Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including:
1. providing a customer a contraceptive without delay if it is in stock;
2. immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business; and
3. ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription.

Ban anti-abortion limitations on abortion services.

Congressional summary:: Women's Health Protection Act: makes the following limitations concerning abortion services unlawful and prohibits their imposition or application by any government:

• a requirement that a medical professional perform specific tests, unless generally required in the case of medically comparable procedures;
• a limitation on an abortion provider's ability to delegate tasks;
• a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment;
• a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements;
• a requirement that, prior to obtaining an abortion, a woman make medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide such services;
• a prohibition or ban prior to fetal viability

Opponent's argument against (Live Action News): This is Roe v. Wade on steroids. The bill is problematic from the very beginning. Its first finding addresses "women's ability to participate equally"; many have rejected this claim that women need abortion in order to be equal to men, or that they need to be like men at all. The sponsors of this pro-abortion bill also seem to feel that pro-life bills have had their time in this country, and that we must now turn back to abortion. The bill also demonstrates that its proponents have likely not even bothered attempting to understand the laws they are seeking to undo, considering that such laws are in place to regulate abortion in order to make it safer. Those who feel that abortion is best left up for the states to decide will also find this bill problematic with its overreach. Sadly, the bill also uses the Fourteenth Amendment to justify abortion, as the Supreme Court did, even though in actuality it would make much more sense to protect the lives of unborn Americans.

Access safe, legal abortion without restrictions.

Congressional Summary: Congress finds the following:

Access to safe, legal abortion services has been hindered in various ways, including blockades of health care facilities; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements that single out abortion providers.
• These restrictions harm women's health by reducing access to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services.
• The cumulative effect of these numerous restrictions has been that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives.
• It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions

Opponents reasons for voting NAY:(National Review, July 17, 2014): During hearings on S. 1696, Senators heard many myths from abortion proponents about the "need" for the bill's evisceration of all life-affirming legislation.

• Myth: Life-affirming laws are enacted "under the false pretext of health and safety."
  Fact: Induced abortion is associated with significant risks and potential harms to women.
• Myth: "Where abortion services are restricted and unavailable, abortions still occur and are mostly unsafe."
  Fact: Where abortion is restricted, maternal mortality rates have decreased.
• Myth: Admitting privileges laws are "not medically justified."
  Fact: Women with abortion complications are told to go to an emergency department. This would constitute malpractice in any other scenario.
• Myth: Ultrasounds and their descriptions are "cruel and inhumane."
  Fact: Allowing women the opportunity to view their ultrasounds serves an important role in providing informed consent, enabling women to exercise true choice.

Keep federal funding for family planning clinics.

Excerpts from Letter to the Senate Majority Leader from 46 Senators: The recent vote in the House to overturn rules protecting Title X health centers would deny women access to care. In 2015, Title X provided basic primary and preventive health care services such as pap tests, breast exams, and HIV testing to more than four million low-income women and men at over 4,000 health centers. In large part due to this work, the US unintended pregnancy rate is at a 30-year low, and rates of teenage pregnancy are the lowest in our nation's history. The success of the program is dependent on funding. Family planning services, like those provided at Planned Parenthood and other family planning centers, should be available to all women, no matter where they live or how much money they make.

Opposing argument: (Heritage Foundation, "Disentangling the Data"): Planned Parenthood received approximately $60 million of taxpayer money under Title X, and $390 million through Medicaid. To ensure that taxpayers are not forced to subsidize America's number one abortion provider, Congress should make Planned Parenthood affiliates ineligible to receive either Medicaid reimbursements or Title X grants if they continue to perform abortions. Taxpayer money from these programs should instead be redirected to the more than 9,000 federally qualified health center sites that provide comprehensive primary health care for those in need without entanglement in abortion.

Supporting argument: (ACLU, "Urging Title X"): Title X services help women & men to plan the number and timing of their pregnancies, thereby helping to prevent approximately one million unintended pregnancies, nearly half of which would end in abortion. However, current funding is inadequate. Had Title X funding kept up with inflation it would now be funded at nearly $700 million. We ask that Title X be funded at $375 million, which is $92 million above its current funding level.

Born-Alive Survivors bill tries to illegalize abortion.

S.311/H.R.962: Born-Alive Abortion Survivors Protection Act: Congress finds the following:

• If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.
• (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.
• In the case of an attempted abortion that results in a child born alive, any health care practitioner present at the time the child is born alive shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age.

Opposing argument from Rewire.com, "Born Alive Propaganda," by Calla Hales, 4/12/2019: From restrictive bans at various points of pregnancy to a proposed death penalty for seeking care, both federal and state legislators are taking aim at abortion rights. The goal? To make abortion illegal, criminalizing patients and providers in the process. One kind of bill making a recent resurgence is the "Born-Alive Abortion Survivors Protection Act." These bills aim to further the false narrative that abortions regularly occur immediately before or, according to the president, at the time of birth. Intentional action to end the life of an infant is already illegal. This is covered by federal and state infanticide laws. These bills do nothing but vilify physicians who provide reproductive health care.

Legislative outcome Referred to Committee in House; Senate motion to proceed rejected, 56-41-3 (60 required).

Ensure access to and funding for contraception.