1. Reproductive Rights: The State of Choice
Presented by:
Courtney Mills, Senior Counsel, State Legislative Affairs (NARAL Pro-Choice America)
Ally Karpel, WRJ Eisendrath Legislative Assistant (Religious Action Center)
Moderated by:
Hillary Handwerger, WRJ Board of Directors

2. WRJ Resolutions Throughout History
“Humane considerations motivate us to speak out in the name of our United States members, in favor of needed revisions in the abortion laws of many States.”
1965 Resolution on Judaism and the Family
“Therefore, be it resolved, that we hereby endorse efforts to secure an amendment to exempt physicians, hospitals, and clinics from the federal laws which now exclude, without exception, literature relating to birth control from the mails and common carriers”
1935 Resolution on Birth Control Literature
“We believe that the right to choose on the matter of abortions is a personal decision based on religious, moral or cultural values and beliefs; it should not be determined for others by special interest groups whether religious or otherwise, nor should government be the enforcing agency for their points of view.”
1977 Resolution on Women’s Rights
We believe that the religious claims of secular corporate entities, or their owners, acting through the corporate structure, should not trump the legitimate rights of their employees to enjoy the full range of health care benefits promised under the Affordable Care Act
2014 Resolution on Religious Liberty and Individual Rights

3. Background on Reproductive Rights
Comstock Laws (1873) banned information about and distribution of contraceptives
Margaret Sanger (1916) opens the country’s first birth-control clinic in Brooklyn
Griswold v. Connecticut (1965) Ruled Comstock laws unconstitutional, as it violates a couple’s right to privacy

4. Roe v. Wade 1973 Supreme Court Decision 7-2 decision
The freedom to choose an abortion is protected by the 14th Amendment to the Constitution
The government can't decide when life begins

5. Other Notable Court Cases
Planned Parenthood v. Casey (1992)
Whole Women’s Health v. Hellerstedt (2016)
National Institute of Family and Life Advocates (NIFLA) v. Becerra (2018)

6. The Hyde Amendment Passed in 1976
Bans the use of federal money for abortion except in cases of rape, incest, or when the mother’s life is in danger for all federally administered health care plans (ex: Medicaid, TRICARE, Indian Health Service)
Passed each year in an appropriations bill.

7. The Hyde Amendment
The Equal Access to Abortion in Health Insurance or EACH Woman Act (H.R. 1692/S. 758)
Would ensure coverage of all pregnancy related care, including abortion in private and government health insurance.

8. Title X and the Domestic Gag Rule
Provides 4 million people with access to affordable family planning health services.
The majority of Title X patients are low-income and uninsured, but do not qualify for Medicaid
Title X patients are also disproportionately people of color, LGBTQ, and/or live in rural areas

9. Title X and the Domestic Gag Rule
June 1, 2018: The Department of Health and Human Services (HHS) released a proposed rule
Bars any organization that performs abortion or refers patients for abortion with their own private money from receiving Title X federal grant money.
Going into effect on May 3, but temporarily blocked by a federal judge

10. Mexico City Policy or the “Global Gag Rule”
Formally known as the “Mexico City Policy.”
Established in 1984 to restrict NGOs that receive federal family planning funding from using the money for abortion services, abortion counseling or referrals, or abortion related advocacy.
Rescinded by President Clinton
Re-imposed by President Bush
Rescinded by President Obama
Reinstated and expanded by President Trump

11. Religious Exemptions in Contraceptive Coverage
Religious Refusals
Religious Exemptions in Contraceptive Coverage
The ACA requires insurance plans to cover all FDA-approved forms contraception as part of basic preventive coverage.
Previously, only houses of worship had a religious exemption.
Other entities with religious objections were given an “accommodation” (Hobby Lobby v Burwell)
November 2018: HHS finalized two rules that allow these entities to have full exemptions
Supposed to go into effect in January 2019, but they blocked by a federal judge.

12. Religious Refusals in Healthcare
May 4, 2017: Executive order mandating that the federal government clarify the nature and extent of religious liberty protections in federal law.
January 2018, HHS released new rules that created the Conscience and Religious Freedom Division within its Office for Civil Rights and redefined the religious and moral objections that protect health care providers and employees in health care systems.
Rules finalized on May 2, 2019

13. Religious Refusals in Healthcare
Example #1: A pharmacist could refuse to fill a prescription for birth control
Example #2: A transgender patient could be denied hormone therapy
Example #3: Same-sex couples could be denied fertility treatment
…among many others

14. Pro Choice Measures

15. Title Here
Pro Choice Measures

16. Title Here
Anti-Choice Measures

17. Title Here
Anti-Choice Measures

18. Title Here
2018

19. Roe is at
Risk

20. State Based Protections in the Absence of Roe
Title Here
State Based Protections in the Absence of Roe
State Constitutional Protection
Protections in State Law

21. State Constitutional Protections
Title Here
State Constitutional Protections
The highest state court has held that the state constitution protects the right to abortion, separately and apart from the existence of any federal constitutional rights.
Abortion would likely continue to be protected in these states even if Roe fell, but not in the event of a federal abortion ban OR potentially if the composition of the highest state court became more hostile toward abortion rights.
10 states have such protections:
Alaska, California, Florida, Iowa, Kansas, Massachusetts, Minnesota, Montana, New Jersey, New Mexico

22. Statutory Protections
Title Here
Freedom of Choice Act
Statutory Protections
The state has passed a statute that strongly protects the right to abortion.
These would likely continue to provide protections if Roe fell, but not in the event of a federal abortion ban.
10 states have such a law:
California, Connecticut, Delaware, Hawaii, Maine, Maryland, Nevada, New York, Oregon, Washington

23. Constitutional Protection or Codification of Roe

24. Roe at Risk Anti-Choice Controlled State Government Pre-Roe Ban
Title Here
Roe at Risk
Anti-Choice Controlled State Government
Pre-Roe Ban
Trigger Ban
Expressed Intent

25. Title Here

26. Title Here

27. Pre-Roe or Trigger Ban

28. A new all out attack: 2019

29. Abortion Bans in 2019 28 States in First Quarter
Title Here
Abortion Bans in 2019
28 States in First Quarter
250 introduced in 41 states
Two Total Bans Introduced: Texas & Alabama
Trigger Bans
Surge in bans before many women know they are pregnant

30. Map of Passed Bills

31. Post Kavanaugh bans

32. Guttmacher Map plus Alabama and Louisiana

33. A Push for Positive Bills

34. Protecting Young Women’s Access College Student Access
Title Here
Maternal Mortality
Protecting Young Women’s Access
College Student Access
Expanding Access to Contraception
Care for Pregnant Women with Substance Abuse Issues
Paid Family Leave
Protections for Incarcerated Pregnant Women
Insurance Expansion
Comprehensive Sex Ed

35. Want To
Get Involved?

37. What comes next?
As attacks on reproductive rights increase, WRJ and the RAC will be partnering in new and exciting ways.
More information coming soon. Stay tuned!

38. Any lingering questions?
Q&A
Any lingering questions?
Contact us:

39. Thank you for attending!
Need to know more?