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FAST FACTS ABOUT ANTI-CHOICE ISSUES:

FAST FACTS ABOUT PRO-CHOICE ISSUES:

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Fast Facts

Counseling Bans & Gag Rules

What are counseling bans and "gag rules," and how do they impede women's access to health care?

Having access to information about the full range of reproductive options is key to making informed health care decisions.  Counseling bans, also known as “gag rules,” typically prohibit organizations that receive state and/or federal funds from counseling or referring women for abortion services, prevent doctors from treating their patients responsibly, and severely limit women’s ability to make informed decisions.  Women and their health care providers—not politicians—should make private medical decisions.

CURRENT STATE LAWS

19 states have laws that prohibit some or all state employees or organizations that receive state funds from providing counseling or referring women for abortion services:  AL, AZ, IL, IN, KS, KY, LA, MI, MN, MS, MO, NE, ND, OH, OK, PA, SC, VA, WI.

  • North Dakota's prohibition has been held partially unconstitutional.

CURRENT FEDERAL LAWS

The Federal Refusal Clause is a back-door "gag rule" that allows health care companies to forbid their doctors from providing medically necessary and appropriate abortion care, or even referring patients to another provider.  In addition, on his first business day in office, President Bush imposed the global gag rule.  This harmful policy prohibits the U.S. Agency for International Development from granting family-planning funds to any overseas health center unless it agrees not to use its own, private, non-U.S. funds to provide, counsel, or refer women for abortion care, or even if it takes a pro-choice position.

2007 STATE LEGISLATION

11 states considered 23 measures that would prohibit some or all state employees or organizations that receive state funds from providing counseling or referring women for abortion services under some or all circumstances:  KY, MI, MN, MS, MO, NH, ND, OH, OK, RI, WV.

  • While Michigan and Ohio re-authorized measures containing a gag rule, Missouri enacted a new law prohibiting organizations receiving state funds for certain services from counseling or referring women for abortion services.

2007 FEDERAL LEGISLATION

Under new pro-choice leadership, Congress has sought—for the first time in recent memory—to reverse course on the global gag rule and bring meaningful relief to women and families abroad.  The Senate handily voted to repeal the global gag rule in September 2007.  In June, the House voted to loosen the grip of this unsound policy by supporting a contraceptives exemption—a measure that would allow overseas health centers otherwise ineligible for assistance to receive U.S.-donated condoms and contraceptives.  Unfortunately, in the end a Bush veto threat, backed up by a sufficient number of anti-choice lawmakers, blocked the repeal effort.

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