The The Reproductive Reproductive

Health ActHealth Act

What is The What is The Reproductive Health Act?Reproductive Health Act?

A bill that will A bill that will

strengthen New York strengthen New York

laws and safeguard our laws and safeguard our

rights from being rights from being

eroded by the Supreme eroded by the Supreme

CourtCourt

Reproductive Rights Law 101 Regulation of health care, including abortion, is

generally left to states

Roe v. Wade held that the U.S. Constitution guarantees a woman’s right to decide whether to continue or terminate a pregnancy until fetal viability, and afterwards if her life or health is at risk

Therefore, states can regulate abortion up to viability as long as it does not place an “undue burden” on the right to obtain an abortion, and can outlaw abortion after viability as long as there are exceptions for a woman’s life or health

Why we need the Why we need the Reproductive Health ActReproductive Health Act

Our laws are out of dateOur laws are out of date Our laws do not affirmatively Our laws do not affirmatively

guarantee the right to chooseguarantee the right to choose Our laws still regulate abortion as Our laws still regulate abortion as

a crimea crime Our laws do not have a “health Our laws do not have a “health

exception”exception”

What the Reproductive What the Reproductive Health Act doesHealth Act does

Guarantees a woman’s right to control Guarantees a woman’s right to control her reproductive healthher reproductive health

Ensures that a woman will be able to Ensures that a woman will be able to have an abortion if her health is have an abortion if her health is endangeredendangered

Treats the regulation of abortion as an Treats the regulation of abortion as an issue of public health, rather than as a issue of public health, rather than as a potential crimepotential crime

Guarantees everyone the right to use Guarantees everyone the right to use or refuse contraceptionor refuse contraception

How does the Reproductive Health Act do those things?

It adds an affirmative guarantee of It adds an affirmative guarantee of the right to choose or refuse abortion the right to choose or refuse abortion and birth controland birth control

It takes regulation of abortion out of It takes regulation of abortion out of criminal law and regulates it as a criminal law and regulates it as a public health issuepublic health issue

It adds a health exception It adds a health exception

Other provisions of RHA RHA stiffens penalties for crimes

against pregnant women resulting in pregnancy loss

Maintains important health and safety protections Later procedures must be done in “Article

28” facilities (which are licensed and more heavily supervised by the state)

Only licensed, trained health care providers can offer abortion care

Myths and Facts about RHA

Opponents said RHA would: Force providers with religious

objections to perform abortions Allow unqualified providers (like

podiatrists, dentists, etc.) to provide abortions

Open the floodgates to abortion

RHA preserves religious freedom

The bill preserves existing conscience protections in New York and federal law that allow individuals and health care facilities to refuse to provide abortion if they have religious or moral objections

The bill will therefore not require any private health care entity to provide or pay for abortion

Only licensed trained health care providers can provide abortions

A health care provider who offers abortion without proper training, or who operates outside of his/her scope of practice, commits professional misconduct

Penalties include fines and loss of license “Back alley” providers can be convicted

of unlicensed practice of medicine, a felony offense

RHA will not change provision of abortion in NY except in rare cases The legislation would allow abortions up to

the time of fetal viability, and after that point only if the woman’s life or health is in danger

Current law permits abortion up to 24 weeks (=viability)

The health exception, while not written in the law, is already a constitutional requirement

Almost all abortions (89%) are already performed in the first trimester, and fewer than 1% are performed after 21 weeks

The need for a health exception Sometimes women learn they are carrying a fetus

with genetic anomalies or experience pregnancy complications that place their life or health at risk Health risks for women include: dangerously high blood

pressure, diabetes, stroke, blindness, kidney failure and infertility

Fetal anomalies include: Trisomy 13/18, anencephaly

Every situation is different and it important that a woman's doctor be able to use his/her best medical judgment whether a woman's health is at risk

Government policy should not interfere in these private, personal decisions

New Yorkers support the Reproductive Health Act!

Three quarters of New York voters support the Reproductive Health Act, even after hearing arguments against the bill.

The majority of voters would vote for a candidate who supports the Reproductive Health Act.*

* Source: NARAL Global Strategy Group poll, 2008.

Advocacy for the Advocacy for the Reproductive Health ActReproductive Health Act

The The Reproductive Health ActReproductive Health Act will be will be introduced in the state legislature later this introduced in the state legislature later this yearyear

We already have the support of at least 40 We already have the support of at least 40 assembly members and 18 state senatorsassembly members and 18 state senators

RRP has trained hundreds of “grass tops” RRP has trained hundreds of “grass tops” leaders in communities across NYS to leaders in communities across NYS to advocate for reform of New York law advocate for reform of New York law Like Like You!You!

We Need Your HelpWe Need Your Help Write your legislatorWrite your legislator and ask them to and ask them to

sign on in support of the Reproductive sign on in support of the Reproductive Health ActHealth Act (postcards are at the door)(postcards are at the door)

Become a “Become a “Reproductive Health Reproductive Health AmbassadorAmbassador”—contact ”—contact asamach@nyclu.org for information for information

LobbyLobby your legislators in-district your legislators in-district

Host a Host a house partyhouse party

Come to Come to AlbanyAlbany for the next lobby day for the next lobby day

We can help you get active!We can help you get active!

Check out the toolkit on our website, including:

A colorful brochure A guide to throwing house

parties A “Q&A” about the bill Links to e-action alerts,

to write to legislators Links to our videos

10 minute “Another New Yorker” video 3 minute YouTube video

Go to www.nyclu.org/rhawww.nyclu.org/rha

The The Reproductive Reproductive

Health ActHealth Act