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New York State Catholic Conference465 State Street Albany, New
York 12203-1004 Tel. (518) 434-6195 Fax. (518) 434-9796
www.nyscatholic.org [email protected]
RICHARD E. BARNES
Executive Director
6/10/13
MEMORANDUM OF OPPOSITION
Re: GOVERNORS PROGRAM BILL #9The Womens Equality Act
The above-referenced legislation was released by the Governor on
June 4, 2013. Within the
package of ten policy objectives is an unnecessary and harmful
expansion of abortion in NewYork State. Part J of the Womens
Equality Act would accomplish the very same goals as the
separately ntroduced Reproductive Health Act (S.438) but with
fewer words and greaterdeception. This renders the entire act
unacceptable, and we strongly urge you to reject it.
Part J of Program Bill # 9 would embed the US Supreme Court
decision Roe v. Wade into New
York statute, freezing New York law in 1973. This would repeal
New Yorks current law whichallows abortion through 24 weeks of
pregnancy (Article 125 Penal Law), but outlaws abortion
after that unless necessary to save a womans life. The Governors
bill would insert a broad
health exception, interpreted by the courts not to mean serious
physical health impairment, but
rather, to include age, economic, social or other emotional
factors. It is an exception that willpermit unlimited late-term
abortion on demand in New York State.
To suggest that this change simply codifies federal law is
disingenuous and misleading. It doesnot. One need only look to
Pennsylvania to see that late-term abortion bans such as New
Yorks
current law can be enforced when authorities choose to enforce
them. There, in addition to
murder and manslaughter, Dr. Kermit Gosnell was recently
convicted of 21 counts of illegalabortion for performing abortion
after the 24-week limit. Part J of this legislation would, in
essence, make what is illegal in Pennsylvania, legal in New
York. It would make New York a
safe haven for late-term abortionists like Gosnell, encouraging
them to set up clinics here,without fear of prosecution, to prey
upon vulnerable women and children. This invites
mistreatment and injustice against women, and is contrary to the
stated intent of the Womens
Equality Act.
The bill would further endanger the lives of women by allowing
non-physicians to perform
abortions. The repeal of Penal Law Section 125.05(3) within Part
J of this bill would remove
New Yorks current requirement that only a duly licensed
physician may perform an abortion.
The Governors bill does not state who would be permitted to
perform the procedure, but insteadreferences the Education Law,
which gives the State Health Department authority to define
scope of practice for health professionals. This
cleverly-disguised provision would give the
Health Department unlimited and unreviewable authority to
determine who could perform
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Governors Program Bill #9The Womens Equality Act
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abortions in New York. Such a dangerous and extreme change
clearly puts women's health atrisk, and mirrors a national abortion
strategy to permit non-doctors to perform abortions due to
the declining number of physicians willing to do so.
In addition, the bill would permit abortion of any unborn child
who is not viable for any
reason, at any time in a womans pregnancy. But unlike the
previous Reproductive Health
Act, Program Bill #9 does not define viability, leaving it to
the sole discretion of theabortionistdoctor or non-doctorto
determine if the child could survive outside the womb.
This bill would then give the abortionist the authority to
perform an abortion at any time during
the pregnancy, right up to the delivery date of the child.
Such sweeping changes to New Yorks abortion laws are completely
unnecessary and defy
common sense. New York State remains the abortion capital of the
nation with the highest
abortion rate of any state. New York Citys abortion rate remains
at 40%, with some geographicregions within the city at 60%. The
reality is, sadly, that no woman is without ample opportunityfor an
abortion in New York State.
Rather than voting on a bill that will increase the tragedy of
abortion for both women andchildren, we urge policy makers to look
at constructive ways to reduce abortion and truly make
abortion rare. We strongly urge you to reject Part J of the
Womens Equality Act.
