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HHS Tries To Redefine Abortion

  • Jul. 16th, 2008 at 1:32 PM
Kirk KHAAAN!
My twins were born in February. As a result, I've been extremely happy. Sleep deprived, but honestly, happier than I've ever been. My kids are an unending source of joy and wonder, and my wife and I have been very blessed. I love to talk about 'em too, which is no doubt a relief to those of you who aren't on my private "babies" filter.

I mention all this because it takes a monumental outrage to piss me off these days. We crossed that line this morning, when the following news broke:

The Bush administration is proposing a set of rule changes at their new right-wing bastion, the US Department of Health and Human Services, which would redefine "abortion" to include many types of birth control. The proposed rules also protect the jobs of pharmacists, doctors and other medical service providers who object to dispensing abortifacients and contraception on moral grounds.

Their disrespect for the rule of law has no bounds. They haven't managed to overturn a Supreme Court decision (Roe) yet, so instead they're sleazily manipulating the definition of abortion to push a fundamentalist, religious agenda. Again.

[The rules would require recipients of aid to certify that] they would not refuse to hire nurses and other providers who object to abortion and even certain types of birth control. Hospitals, clinics, researchers and medical schools would have to sign “written certifications” as a prerequisite to getting money under any program run by the Department of Health and Human Services. Such certification would also be required of state and local governments, forbidden to discriminate, in areas like grant-making, against hospitals and other institutions that have policies against providing abortion.

The proposal, which circulated in the department on Monday, says the new requirement is needed to ensure that federal money does not “support morally coercive or discriminatory practices or policies in violation of federal law.” The administration said Congress had passed a number of laws to ensure that doctors, hospitals and health plans would not be forced to perform abortions.

In the proposal, obtained by The New York Times, the administration says it could cut off federal aid to individuals or entities that discriminate against people who object to abortion on the basis of “religious beliefs or moral convictions.”

The proposal defines abortion as follows: “any of the various procedures — including the prescription, dispensing and administration of any drug or the performance of any procedure or any other action — that results in the termination of the life of a human being in utero between conception and natural birth, whether before or after implantation.”


"Mary Jane Gallagher, president of the National Family Planning and Reproductive Health Association, said, "The proposed definition of abortion is so broad that it would cover many types of birth control, including oral contraceptives and emergency contraception." She added, "We worry that under the proposal, contraceptive services would become less available to low-income and uninsured women." Nancy Keenan, president of NARAL Pro-Choice America, said, "Why on earth is the Bush administration trying to discourage doctors and clinics from providing contraception to women who need it?"" That's a great question, Ms. Keenan. You wanna know the answer? They don't give a damn about the women who need it.

What kinds of birth control would be redefined as abortifacients? Intrauterine Devices, birth control pills and patches, NuvaRing, the DepoProvera shot and the Emergency Contraception Pill. Possibly FemCap.

Reproductive Health Reality Check has an extensive post up about this. They also have a PDF of the proposed rules memo that circulated at HHS on Monday:

In a spectacular act of complicity with the religious right, the Department of Health and Human Services Monday released a proposal that allows any federal grant recipient to obstruct a woman's access to contraception. In order to do this, the Department is attempting to redefine many forms of contraception, the birth control 40% of Americans use, as abortion. Doing so protects extremists under the Weldon and Church amendments. Those laws prohibit federal grant recipients from requiring employees to help provide or refer for abortion services. The "Definitions" section of the HHS proposal states:

Abortion: An abortion is the termination of a pregnancy. There are two commonly held views on the question of when a pregnancy begins. Some consider a pregnancy to begin at conception (that is, the fertilization of the egg by the sperm), while others consider it to begin with implantation (when the embryo implants in the lining of the uterus). A 2001 Zogby International American Values poll revealed that 49% of Americans believe that human life begins at conception. Presumably many who hold this belief think that any action that destroys human life after conception is the termination of a pregnancy, and so would be included in their definition of the term "abortion." Those who believe pregnancy begins at implantation believe the term "abortion" only includes the destruction of a human being after it has implanted in the lining of the uterus.


The proposal continues,

Both definitions of pregnancy inform medical practice. Some medical authorities, like the American Medical Association and the British Medical Association, have defined the term "established pregnancy" as occurring after implantation. Other medical authorities present different definitions. Stedman's Medical Dictionary, for example, defines pregnancy as "[t]he state of a female after conception and until the termination of the gestation." Dorland's Medical Dictionary defines pregnancy, in relevant part, as "the condition of having a developing embryo or fetus in the body, after union of an oocyte and spermatozoon.


Up until now, the federal government followed the definition of pregnancy accepted by the American Medical Association and our nation's pregnancy experts, the American College of Obstetricians and Gynecologists, which is: pregnancy begins at implantation. With this proposal, however, HHS is dismissing medical experts and opting instead to accept a definition of pregnancy based on polling data. It now claims that pregnancy begins at some biologically unknowable moment (there's no test to determine if a woman's egg has been fertilized). Under these new standards there would be no way for a woman to prove she's not pregnant. Thus, any woman could be denied contraception under HHS' new science.
(Emphasis mine.)
Unsurprisingly, the religious right-wing approves of the proposed rules.

It is important to note that right now, this is only a proposal. So.... what can we do?

* Tell HHS what you think. (Limited to 160 characters.)
* Or, use Planned Parenthood's Online Form
* Contact your Senator
* Contact your House Representative

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Comments

[info]_yggdrasil wrote:
Jul. 16th, 2008 07:06 pm (UTC)
Uh, yeah, so when do they plan on working the kinks out of healthcare in this country, given all the extra babies that will be born if this passes?

Oh, right, we don't care about the cells once they're born. Carry on.
[info]zarq wrote:
Jul. 16th, 2008 07:17 pm (UTC)
Lord knows.

Regarding "once they're born".... Congress does have the CCAI, a non-profit organization which encourages awareness of adoption of foster children and orphans and lobbies for pro-adoption legislation. Worth knowing about.
[info]serendu wrote:
Jul. 16th, 2008 07:10 pm (UTC)
I've read this a few times on my f-list today and each time I'm shaking my head, totally bewildered as to who on earth came up with such an idea!

I do hope this 'proposal' doesn't go any further.

*thanks her lucky stars she lives in the UK*
[info]zarq wrote:
Jul. 16th, 2008 07:46 pm (UTC)
I don't have a great deal of hope. The Bush administration has proven itself to be expert at doing end runs around laws and regulations.

The problem of course, is that their side has had 8 years to fill all sorts of gov't positions with people who will continue to push their agenda after Bush is out of office.

Of course, that's exactly what the Republicans said when Clinton left. :)
[info]dervishspin wrote:
Jul. 16th, 2008 07:12 pm (UTC)
If this proposal passes, I am getting myself sterilized.
This is not hyper-anxious-fury talking. This is a calm reasoned decision my husband and I came to together at the time of the March for Women's Lives when the subject first came up between us.

We are not having children.
If the government makes it that hard to choose not to have children then we will make the only choice left to us. And we will make that choice now, while that option is still available to us.

In the meantime, we will fight this proposal for our friend's children. For your children, and for the children not yet born. With every ounce of our beings. With every breath in our bodies.
[info]_yggdrasil wrote:
Jul. 16th, 2008 07:30 pm (UTC)
Good luck with sterilization. Unless you're older or already have kids, a lot of places give women a hard time getting their tubes tied.
[info]dervishspin wrote:
Jul. 16th, 2008 07:55 pm (UTC)
Yep. Friends of mine who were under 30 got a lot of grief about that. Perhaps if I have my husband sign off on my "permission slip" it will go a lot easier.
*insert incoherent scream here*

Presumably that step won't be necessary because we will all fight like hell to make sure that HSS does NOT define birth control that way.
[info]dervishspin wrote:
Jul. 16th, 2008 07:56 pm (UTC)
Oh and... excellent LJ name, btw. :)
[info]_yggdrasil wrote:
Jul. 16th, 2008 11:31 pm (UTC)
Thank ya thank ya :)
[info]zarq wrote:
Jul. 16th, 2008 09:05 pm (UTC)
*hugs* Thanks.

R and I aren't having more kids. Two is enough for us. And her pregnancy had so many complications that we're both just relieved that mom and kids came through it without long-lasting damage. So... we took care of things.

From experience, I second what [info]_yggdrasil said: Be forewarned that your surgeon may try to talk you out of it, depending on your age.

However, I feel I should mention that they do this not because they want to force you to remain fertile, but rather that they are concerned you might change your mind in the future and have no recourse but IVF, which is expensive, difficult and often unsuccessful. The question "Are you sure?" will probably follow you into the operating room. It did with us. Tedious, but understandable. Also, they don't want you to sue them down the road, so an OB/Gyn will make absolutely sure you know it's permanent, and that you want them to do it.

I'm sure you know all of this. But I thought it worth mentioning.

I'm going to fight this tooth and nail. I want my little girl to grow up in a world where her government doesn't impose itself on her and tell her what she can and can't do with her own body. I certainly don't want them to ever force her (or any woman, for that matter,) to remain pregnant just to satisfy some backward fundamentalist idiot who thinks his or her religious beliefs trump her rights.

I wish you luck. I sincerely hope you aren't forced into sterilization.
[info]_yggdrasil wrote:
Jul. 16th, 2008 11:28 pm (UTC)
You are a kick ass dad.
[info]chaptal wrote:
Jul. 16th, 2008 07:34 pm (UTC)
This country continues to go backwards. Devolution is winning over reason.

Does this mean condoms represent the termination of life before implantation?
[info]zarq wrote:
Jul. 16th, 2008 07:39 pm (UTC)
If so, teen boys everywhere are mass murderers, I guess.
[info]chaptal wrote:
Jul. 16th, 2008 07:44 pm (UTC)
and I was last night!
[info]wordweaverlynn wrote:
Jul. 16th, 2008 09:41 pm (UTC)
Every sperm is sacred!
[info]zarq wrote:
Jul. 16th, 2008 09:47 pm (UTC)
Every sperm is great! If a sperm is wasted, God gets quite irate!
[info]lafinjack wrote:
Jul. 17th, 2008 08:20 am (UTC)
Monty has been right on top of Poe's Law for decades.
[info]eversearching wrote:
Jul. 16th, 2008 08:59 pm (UTC)
I know so many people who are anti abortion on the grounds that birth control is so (relatively) easy to access, who are also celebrating this proposal. Where is the disconnect happening?

Thank you for posting this. May I post this in my journal? I don't have the time at work to write up a proper post- and yours is eloquent in the anger.

[info]zarq wrote:
Jul. 16th, 2008 09:11 pm (UTC)
Perhaps there's a sense that women shouldn't have quite so many birth control options? Honestly, I've never really understood pro-life reasoning.

Of course, and thank you! Would you like me to email you the source code?
[info]kiji_kat wrote:
Jul. 16th, 2008 09:17 pm (UTC)
That's "anti-choice," dear. Not pro-life.

Pro-misogyny, maybe. Or pro-gynophobia. Same thing, really.
[info]zarq wrote:
Jul. 16th, 2008 09:27 pm (UTC)
Yes, exactly.
[info]lafinjack wrote:
Jul. 17th, 2008 08:21 am (UTC)
Ooh, I like pro-misogyny, a good counter to the 'omg ur pro-death!!$#!@dR$' rabids.
[info]kiji_kat wrote:
Jul. 17th, 2008 12:15 pm (UTC)
Share and enjoy! It's about time we started calling them for what they are.
[info]eversearching wrote:
Jul. 16th, 2008 09:18 pm (UTC)
Well, I think there is the notion that if access to birth control (and condoms) were limited, the consequences of sex would be percieved as more serious, and so human sexuality would be more contained in traditionally appropriate ways? I don't know, that's just a guess.

You are welcome. I'd love if you could email me the source code. sarah.ortner@gmail.com
[info]_yggdrasil wrote:
Jul. 16th, 2008 11:30 pm (UTC)
That's alarming, that people would consider it a "consequence" of sex to give birth. Then it becomes a punishment, for the mother and for the child. So messed up.
[info]eversearching wrote:
Jul. 17th, 2008 07:18 pm (UTC)
I think for a lot of people, the concept of birth (and parenting?) might well be seen as a duty or punishment, rather than a joy. I agree, that's really sad. But I think it's not that uncommon of a way to look at children/birth.
[info]aunt_becca wrote:
Jul. 16th, 2008 11:10 pm (UTC)
I think about when I was having fertility issues, and they thought I had a certain disease. I was told that I was not allowed to get pregnant under any circumstances in case they confirmed said diagnosis and I needed serious medical treatment. My only choice was to use birth control. So what if I had no other options? Would I have had to abstain for an indefinite amount of time? It's a scary thought, especially since Jewish law allows for certain birth control methods that would now be outlawed. How frightening.
[info]magentamn wrote:
Jul. 17th, 2008 12:09 am (UTC)
Actually, I think it's pushing us all to be queer. One of my girlfriends used to say the best contraception was being a lesbian.
/snark
[info]5_7_5daily wrote:
Jul. 17th, 2008 04:23 am (UTC)
In Oklahoma, where I live, laws protect health care workers who object to abortions based on "moral" grounds. But, even more terrifying, our state legislature passed a new statute (effective August 1st), saying that ultrasounds are MANDATORY for women seeking abortions. Doctors will be required to perform the procedure on all women except in life- or health-threatening situations. In addition, they must make the image visible to the woman and discuss the condition of the fetus, including details about the arms, legs, hands, feet, facial features, beating heart and other functioning organs. What this means is, because women usually seek abortions very early in the pregnancy, an ultrasound with the wand being passed over the abdomen will not meet the requirement under the law because it won't show the detail required. So, women will be subjected to wand insertion ultrasound methods. And the most chilling thing of all..no exceptions are allowed in cases of rape or incest.
Our governor vetoed the bill but our state legislature overrode his veto. I officially live in hell.
[info]labelleizzy wrote:
Jul. 17th, 2008 06:10 am (UTC)
omg, I am so sorry your politicians are such asshats.
I've been hearing rants from [info]naamah_darling about what politics are like in OK but... *agape*

< /me taking SF Bay Area politics for granted >
< me goes to find a petition to sign or email to write. >
[info]serendu wrote:
Jul. 17th, 2008 07:25 am (UTC)
*looks appalled*

I find that utterly abhorrent. I do hope there are already some plans to overturn this?
[info]eversearching wrote:
Jul. 17th, 2008 05:13 pm (UTC)
That is throw up in the mouth awful. Who thinks up these things? How can people who hate women that much be elected into office?
(Anonymous) wrote:
Aug. 18th, 2008 07:38 am (UTC)
........
Your blog is interesting!

Keep up the good work!
[info]zarq wrote:
Sep. 19th, 2008 02:47 pm (UTC)
Re: ........
Thanks. :)
(Anonymous) wrote:
Sep. 28th, 2008 01:28 pm (UTC)
Hello3
Hi all!
Nice site!

Bye

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