Refusal to Provide Medical Services

The United States allows certain individuals or entities to refuse to provide women specific reproductive health services, information or referrals.

The Federal Refusal Clause, passed every year by Congress as part of a massive spending bill, provides that none of the funds can go to a government agency or program that discriminates against a health care entity that does not provide, pay for, provide coverage of, or refer for abortions.  This language protects health care entities that refuse to provide a full range of reproductive services.  Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, Fiscal Year 2006, Pub. Law 109-149, Nov. 30, 2005 (Enacted Annually Since 2004).

The federal government also protects health care entities that refuse to train medical professionals to perform abortions, refuse to require abortion training, or refuse to provide referrals for abortion training.  42 § U.S.C.A. 238n(a) (Enacted 1996).

In 2005, the State of California filed suit in federal court challenging the constitutionality of the Weldon Amendment.  However, the court dismissed the case for lack of standing and ripeness.  State of Cal. v. U.S., No. C 05-00328 JSW, slip op. (N. D. Cal. Mar. 19, 2008).