Kirsten Gillibrand on Abortion Democratic Senator (NY); Democratic Candidate for President (withdrawn)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

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.

A bill to expand access to preventive health care services that help reduce unintended pregnancy, reduce abortions, and improve access to women`s health care. The Congress finds as follows:

1. Healthy People 2010 sets forth a reduction of unintended pregnancies as an important health objective to achieve over the first decade of the new century.
2. Although the CDC included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the US still has one of the highest rates of unintended pregnancies among industrialized nations.
3. Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the US are unintended, and nearly half of unintended pregnancies end in abortion.
4. In 2004, 34,400,000 women, half of all women of reproductive age, were in need of contraceptive services, and nearly half of those were in need of public support for such care.
5. The US has the highest rate of infection with sexually transmitted diseases of any industrialized country. 19 million cases impose a tremendous economic burden, as high as $14 billion per year.
6. Increasing access to family planning services will improve women`s health and reduce the rates of unintended pregnancy, abortion, and infection with sexually transmitted diseases. Contraceptive use saves public health dollars. For every dollar spent to increase funding for family planning programs, $3.80 is saved.
7. Contraception is basic health care that improves the health of women and children by enabling women to plan and space births.
8. Women experiencing unintended pregnancy are at greater risk for physical abuse and women having closely spaced births are at greater risk of maternal death.
9. A child born from an unintended pregnancy is at greater risk of low birth weight, dying in the first year of life, being abused, and not receiving sufficient resources for healthy development.

Focus on preventing pregnancy, plus emergency contraception.

• Family Planning Services Act: Authorizes appropriations for family planning services grants and contracts under the Public Health Service Act (PHSA).
• Equity in Prescription Insurance and Contraceptive Coverage Act: Amends the Employee Retirement Income Security Act of 1974 (ERISA) and PHSA to prohibit a group health plan from excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services
• Emergency Contraception Education Act: to develop and disseminate information on emergency contraception to the public and to health care providers.
• Compassionate Assistance for Rape Emergencies Act: Requires hospitals, as a condition of receiving federal funds, to offer and to provide, upon request, emergency contraception to victims of sexual assault.

  At-Risk Communities Teen Pregnancy Prevention Act: to award grants for teenage pregnancy prevention programs & prevention research.

• Truth in Contraception Act: Requires that any information concerning the use of a contraceptive provided through specified federally funded education programs be medically accurate and include health benefits and failure rates.
• Unintended Pregnancy Reduction Act: to expand Medicaid`s coverage of family planning services.
• Responsible Education About Life Act: to make grants to states for family life education, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases.
• Prevention Through Affordable Access Act: Expands Medicaid rebates to manufacturers for the sale of covered outpatient drugs at nominal prices to include sales to student health care facilities and entities offering family planning services.

Emergency contraception at all military health facilities.

CONGRESSIONAL SUMMARY:
• Emergency contraception in drug form shall be included on the basic core formulary of the uniform formulary. Emergency contraception in other than drug form may also be included on the basic core formulary.
• [This bill does not] require emergency contraception to be covered under the pharmacy benefits program.
• Prior authorization shall not be required for emergency contraception.
• The term `emergency contraception` means a drug, drug regimen, or device that is approved by the FDA to prevent pregnancy; and is used postcoitally.

SPONSOR`S INTRODUCTORY REMARKS:

Sen. FRANKEN: The Compassionate Care for Servicewomen Act is a straightforward but vital piece of legislation. It would ensure that servicewomen in our military have reliable and timely access to emergency contraception when they need it.

Emergency contraception, or Plan B as it is more commonly known under its brand name, is Food and Drug Administration-approved medication that prevents pregnancy. It is safe and, if taken shortly after pregnancy, highly effective. Since 2006, the FDA has approved it for over-the-counter sale. Currently, women 17 years old and older may purchase emergency contraception over the counter, while those younger require a prescription. Emergency contraception is widely available at pharmacies throughout the U.S. The problem this legislation is meant to address is that there`s no guarantee that emergency contraception be available to our servicewomen in the military. Immediate accessibility is especially important in the case of emergency contraception because it is only effective if taken within a short window of time. Once a pregnancy is established, it doesn`t work. The fact that more than 2,900 sexual assaults were reported last year in the military only heightens the need to ensure emergency contraception is always available.

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