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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 essential 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, hinder doctors from treating their patients responsibly, and severely limit women’s ability to make informed choices.  Women and their health-care providers—not politicians—should make private medical decisions.

CURRENT STATE LAWS

20 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, TX, 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.

2009 FEDERAL ACTION

In January 2009, President Obama issued an executive order repealing the global gag rule. This harmful Bush-era policy prohibited the U.S. Agency for International Development from granting family-planning funds to any overseas health center unless it agreed not to use any funds—including its own, private, non-U.S. funds—to provide, counsel, or refer women for abortion care, or from taking a pro-choice position. Following the repeal of the global gag rule, anti-choice senators attempted to reimpose it legislatively, but failed. In separate action, pro-choice senators voted in committee for a provision that would permanently block the imposition of the global gag rule by a future president; however, the provision was ultimately not enacted.

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