Reproductive Rights and Federal Policy: 2009

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Hope has been the theme of the season and, indeed, we look to the 36th anniversary of Roe v. Wade, the swearing in of the 111th Congress, and the inauguration of a pro-choice president with abundant hope and enthusiasm.

November’s election brought significant changes to Washington. In Congress, we gained 24 pro-choice Representatives and 9 pro-choice Senators. While neither house has a pro-choice majority, these recent gains will help in our efforts to improve access to birth control, effective sex education, and abortion care. In the White House, President Obama understands the centrality of reproductive rights to women’s health and equality; as a Senator he had a 100 percent pro-choice voting record. And we believe that many of his soon-to-be cabinet members share his perspective, so we are hopeful that his administration will respond to our concerns.

Nevertheless, we must remain vigilant. Many of our reproductive rights priorities will likely face strong opposition and other domestic issues like the failing economy, health care access and energy independence will dominate the legislative landscape. Given these and other factors, we should not assume that progress on reproductive health and rights issues is guaranteed. Your voice will continue to be critical if we are to achieve the gains women need.

Join the ACLU’s Action Network and receive periodic updates about what you can do to encourage the new administration and Congress to take meaningful action this legislative session.

Below is a brief discussion of some of the federal policy issues concerning reproductive rights to watch in the coming year:

Thank President Obama for Rescinding the Global Gag Rule

As one of his first acts in office, President Obama issued an executive order rescinding the Global Gag Rule. The rule prohibited the United States from granting family-planning funds to overseas health clinics that use their own funds to advocate for legal abortion, perform legal abortions, or counsel and refer women for abortion care. The policy cut off U.S. support for desperately needed family planning services – including contraceptives, HIV-AIDS prevention, and maternal care – simply because an organization used its own money to advocate for better reproductive health care. The Global Gag Rule not only threatened women’s health, it flouted our nation’s deep-rooted commitment to free speech and democracy.

Thank President Obama for restoring America’s place as a global leader in women’s health.

Repeal the Health Care Denial Rule

In the 11th hour of the Bush administration, the Department of Health and Human Services (HHS) finalized a regulation that threatens access to birth control as well as information and counseling about basic health care services, including contraception and abortion. The rule expressly permits a broad range of health care workers and facilities to refuse to provide services, information, and counseling, potentially even in emergency situations. At the same time, it fails to require refusing providers to notify their employers or their patients of their objections to providing care. The rule also threatens the ability of states to enforce their own laws aimed at protecting access to reproductive health care.

On January 15, the ACLU filed a legal challenge to the rule on behalf of the National Family Planning & Reproductive Health Association. Two other similar lawsuits were filed at the same time: one by the state of Connecticut joined by California, Illinois, New Jersey, Oregon, Rhode Island, Massachusetts, and New York; the other by Planned Parenthood Federation of America with Planned Parenthood of Connecticut.

In addition to our legal challenge, we are also asking the Obama administration to undo the regulation. To stay abreast of our activities and to get involved, join the ACLU’s Action Network.

Protect Women’s Health, Repeal the Hyde Amendment and Other Federal Funding Restrictions

For more than 30 years, Congress has banned federal funding of virtually all abortions for low-income women. Under the Hyde Amendment, a low-income woman can rely on Medicaid to absorb health care costs associated with carrying a pregnancy to term; however, if she decides instead to end a pregnancy, with a few rare exceptions, coverage is denied.

Federal funding bans also affect Native Americans, federal employees and their dependents, Peace Corps volunteers, low-income residents of Washington, DC, federal prisoners, military personnel and their dependents, and disabled women who rely on Medicare. These bans are discriminatory and jeopardize women’s health.

Even with the new president and Congress, changing more than 30 years of bad policy will take enormous political will, and we need your help to make it happen. Stand up for women’s health and stay engaged in this important effort by joining the ACLU’s Action Network.

Restore Access to Affordable Birth Control

For nearly 20 years, Congress increased access to affordable prescription drugs at no cost to the federal government by permitting pharmaceutical companies to voluntarily offer nominally priced drugs to university and college health centers and family planning providers that serve low-income women. Unfortunately, a change made under the Deficit Reduction Act of 2005 (DRA) unintentionally stripped eligibility for these low-cost drugs from hundreds of family planning providers that serve low-income patients and all university and college health centers.

As a result of this change, birth control prices for women who rely on these facilities for their care have risen from $5 or $10 per pack to $40 or $50 per pack. Some college health clinics can no longer afford to carry birth control. And, in an effort to preserve low- and no-cost birth control for their low-income patients, many providers are cutting back on staff, hours of operation, and services. As a result, some women can no longer get contraception or access other reproductive health services.

Congress has been working to insert a provision restoring access to affordable birth control into the economic stimulus package or the FY2009 Labor-Health and Human Services-Education appropriations bill. In the 110th Congress, then-Senator Obama sponsored a stand-alone bill to restore affordable birth control. We are hopeful that the Obama administration will consider issuing regulations designating all college and university health clinics and providers that serve low-income patients eligible for nominally priced drugs. To help us restore access to affordable birth control, join the ACLU’s Action Network.

End Funding for Abstinence-Only-Until-Marriage Programs

Since 1996, Congress has appropriated more than 1.5 billion dollars for programs that focus exclusively on abstinence and censor information that can help young people make responsible, healthy, and safe decisions about sexual activity. The scientific evidence accumulated over recent years points to but one conclusion: abstinence-only programs don’t work. Studies show that teens who participate in these programs are as sexually active as other teens, and moreover, they are less likely to use condoms when they do have sex than those who have not participated in these programs.

Federally funded abstinence-only programs not only work against good public health policy, they also raise serious civil liberties concerns. Congress ought not to support programs that censor information, reinforce gender stereotypes, provide inaccurate and misleading information, promote religion in the classroom, stigmatize lesbian, gay, bisexual, and transgender students, and jeopardize the well-being of young people.

We have high expectations that the 111th Congress and President Obama will work together to end federal funding of abstinence-only-until-marriage programs. To support our efforts, join the ACLU’s Action Network.

Support REAL Sex Education

The REAL Act would create the first federal funding stream for sex education programs designed to help teens make smart decisions about postponing sex and using contraceptives effectively. REAL remained stalled in the 110th Congress. We expect REAL to be introduced early in the 111th Congress and, with our new Congress, we hope that funding for comprehensive sex education will finally become a reality. To stay engaged once Congress introduces REAL, join the ACLU’s Action Network.

Support Prevention First

The Prevention First Act is a comprehensive package of legislative measures aimed at improving reproductive health. It would improve the health of women and their families by expanding access to contraceptives and sexuality education. Specifically, Prevention First would increase funding for Title X family planning clinics, expand Medicaid coverage of family planning, restore access to affordable birth control, create the first federal funding stream for comprehensive sexuality education, authorize a public education campaign around emergency contraception, and provide grants for teen pregnancy prevention programs. Prevention First would also mandate compassionate care for rape victims, including requiring that they be provided emergency contraception upon request.

Prevention First was introduced in the Senate on, January 6, 2009, the first day of the 111th Congress, and in the House of Representatives the following week. We will need your support to ensure that this important piece of legislation progresses in Congress. Please go to our Action Center and let your lawmakers know that Prevention First should be a priority for the 111th Congress. To support our efforts, join the ACLU’s Action Network.

Increase Funding for Family Planning

In FY2008, Title X, the nation’s family planning and preventative health care program serving more than 5 million low-income women and children, received its third largest increase in 25 years. Even with this increase, however, funding for Title X has not kept pace with inflation, and additional increases are still necessary to meet the growing need for family planning services. With a new Congress, we’re working to ensure that future budgets include the necessary funding. We have asked President Obama to include an allocation of $700 million for the program. To get updated information on family planning funding, join the ACLU’s Action Network.

Become a Reproductive Freedom Fighter

Help us protect your right to reproductive freedom throughout the coming year. Receive regular updates on federal legislation and become part of the ACLU’s Action Network.