Hyde Amendment

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In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. [1] [2] Before the Hyde Amendment took effect in 1980, an estimated 300,000 abortions were performed annually using federal funds. [3]

Contents

The original Hyde Amendment was passed on September 30, 1976, by the House of Representatives, with a 312–93 vote to override the veto of a funding bill for the Department of Health, Education, and Welfare (HEW). [4] [5] [6] [7] It was named for its chief sponsor, Republican Congressman Henry Hyde of Illinois. [3] The measure represented one of the first major legislative gains by the United States anti-abortion movement following the 1973 Supreme Court decision in Roe v. Wade .

Congress later altered the Hyde Amendment several times. [3] The version in force from 1981 until 1993 prohibited the use of federal funds for abortions, "except where the life of the mother would be endangered if the fetus were carried to term". [8] On October 22, 1993, President Clinton signed into law the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994. [9] The Act contained a new version of the Hyde Amendment that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest. [10]

Background

Congressman Henry J. Hyde Henry Hyde.jpg
Congressman Henry J. Hyde

The Hyde Amendment was introduced by Illinois Republican Congressman Henry J. Hyde and first passed by Congress in 1977, four years after Roe vs. Wade . Implementation of the initial amendment was blocked for almost a year by an injunction in the McRae v. Matthews case. During this case, the Reproductive Freedom Project, the Center for Constitutional Rights, and Planned Parenthood collectively represented a pregnant Medicaid recipient and health care providers who challenged the Hyde Amendment. The United States Supreme Court vacated the injunction in August 1977, leading abortions financed by federal Medicaid to drop from about 300,000 per year to a few thousand. [11] [12] [13] However, some U.S. states provide their own public funding for abortion for Medicaid-eligible women. [14]

Other bans were modeled after the Hyde Amendment, extending to other annual spending bills in the late 1970s and early 1980s. This eventually led federal funds to be banned in federal worker health plans, women in federal prisons, women in the military, peace corps volunteers, and international family planning programs that use non-U.S. funds to perform or advocate for abortion. [3]

The Hyde Amendment has been re-enacted every year since 1976, but exceptions have varied. [3] For example, the 1978 Amendment presented new exceptions for rape survivors and incest cases. [15] In 1980, the Supreme Court upheld the constitutionality of the original Hyde Amendment language with a 5–4 vote in Harris v. McRae . The majority found that the Hyde Amendment did not violate the Establishment Clause under the First Amendment, or due process/equal protection provided by the Fourteenth Amendment. [16] This case decided the single exception for the Amendment would be in cases where the woman's life is endangered. This decision was upheld from fiscal years 1981–1993. [15] In Webster v. Reproductive Health Services of Missouri , the court held that states could also enact measures like the Hyde Amendment. President George H.W. Bush vetoed a bill with the added exceptions. This decision left the Amendment with the sole exception of concern being endangered life of the mother. The language was not altered until the Clinton Administration in 1993. At this time, the Hyde Amendment was once again expanded to include exceptions for rape and incest cases. [16] [3]

In Williams v. Zbaraz (1980), the United States Supreme Court held that states could enact their own versions of the Hyde Amendment. [15] As of 1994, federal law mandates all states to pay for abortion cases involving rape or incest. [15] On January 24, 2017, the House voted to make the Hyde Amendment (H.R. 7) permanent. Speaker Paul Ryan (R-WI) stated, "We are a pro-life Congress", and he re-affirmed the government's commitment to restricting tax money to funding abortions. [17] The bill failed to become law. [18]

Arguments and effects

Proponents of Hyde state that it is supported by 57% of the American public and opposed by 36%, as of 2016. [19] Critics say the Hyde Amendment disproportionately affects low-income women, women of color, younger women, and immigrants, as an estimated 42% of abortion recipients live below the poverty line. [20] Since the passage of the Hyde Amendment, more than one million women were not able to afford abortions. [21] 18 to 33 percent of Medicaid-eligible women who desire abortions have also given birth because they live in states that do not provide funding. [22] [23]

The Hyde Amendment restricts abortion coverage for federally funded health care recipients, specifically women enrolled in Medicare and Medicaid, Native American women, U.S. servicewomen and veterans, women in Peace Corps, federal employee families, D. C. women residents, and women in immigration detention facilities and prisons. [24] The Hyde Amendment does not preclude women who receive health care through the U.S. government the option of paying for the procedure out of pocket. According to a 2014 national survey of abortion patients, women in states without Medicaid coverage of abortion were three times as likely to pay for their abortions out of pocket, and five times as likely to rely on financial assistance from an abortion fund, compared to women in states with Medicaid coverage. [25]

State actions

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States that fund abortions
  State funds abortions voluntarily
  State funds abortions under court order

17 states have a policy to use their own Medicaid funds to pay for abortion beyond the Hyde Amendment requirements, and an estimated 20% of abortions are paid through Medicaid. [26] [27]

As of 2021, 16 states use their own state funds to pay for elective abortions and similar services, exceeding federal requirements. [28]

Consequently, the cutoff of federal Medicaid funds prompted some states to provide public funding for abortion services from their own coffers. Over time the number of states doing so has gradually expanded, either through legislation or consequent to judicial rulings. [29]

Specific stipulations have been put in place by some state governments. Some of these provisions remove restrictions that have been put in place at the federal level while others are used to further extend the reach that Hyde Amendment has put into place. For example, in Iowa, in order to receive an abortion under the Medicaid program, approval must be given from the governor. [30] In Iowa, Mississippi, and Virginia, a provision has been made for the case of fetal impairment. [30]

Further developments

Stupak-Pitts (2010)

The Stupak–Pitts Amendment, an amendment to the Affordable Health Care for America Act, was introduced by Democratic Rep. Bart Stupak of Michigan. It prohibits the use of Federal funds "to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion", except in cases of rape, incest, or danger to the life of the mother, [31] and was included in the bill as passed by the House of Representatives on November 7, 2009. However, the Senate bill passed by the House on March 21, 2010, did not contain that Hyde Amendment language. As part of an agreement between Rep. Stupak and President Obama to secure Stupak's vote, the President issued Executive Order 13535 on March 24, 2010, affirming that the Hyde Amendment would extend to the new bill. [32]

Hillary Clinton (2016)

The 2016 Democratic platform marked the first major political party platform to include an explicit call to repeal the Hyde Amendment. [33]

Hillary Clinton advocated for a repeal of the Hyde Amendment throughout her 2016 Presidential campaign. [19] She was quoted as saying, "Any right that requires you to take extraordinary measures to access it is no right at all", at a campaign rally in New Hampshire. [34] The Democratic vice presidential candidate Tim Kaine reportedly stood with his running mate on the issue, despite formerly having been a supporter of the Hyde Amendment. [35]

2018

In 2018, Republicans proposed adding the Hyde Amendment to the Affordable Care Act in the 2018 spending bill, in exchange for increased funding to reduce insurance premiums and adding re-insurance. However, this was rejected by Democrats. [36] Former Speaker Paul Ryan had said that he would not bring measures to the floor on reducing ACA premiums without adding the Hyde Amendment language. [37]

Joe Biden (2019–present)

During the 2020 presidential campaign, Joe Biden reversed his previous support of the Hyde Amendment and pledged to work to overturn it if elected. [38] In 2021, he introduced a 2022 budget that completely omitted the Hyde Amendment. [38] [39] A Labor, Health and Human Services bill unveiled in 2021 excluded the amendment. [40]

However, the amendment was reinserted into the federal budget that was passed in March 2022, with 206 Democrats voting for the spending bill and 15 voting against it. [41] [42] As reported in Roll Call, “Democrats voted overwhelmingly for the nondefense portion of the omnibus.” House Appropriations Chair Rosa DeLauro, D-Conn...."expressed frustration over her party's concession on Hyde [retaining it in the final passed omnibus bill]. She said she's the ‘first appropriations chair since 1977 to remove it because I understand that this is an offensive and discriminatory policy which has shut out countless women from the reproductive health care that they deserve for more than 40 years.’” [43]

See also

Related Research Articles

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Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate the Fifth Amendment or the Establishment Clause of the First Amendment.

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<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

The Affordable Health Care for America Act was a bill that was crafted by the United States House of Representatives of the 111th United States Congress on October 29, 2009. The bill was sponsored by Representative Charles Rangel. At the encouragement of the Obama administration, the 111th Congress devoted much of its time to enacting reform of the United States' health care system. Known as the "House bill", HR 3962 was the House of Representatives' chief legislative proposal during the health reform debate.

The Stupak–Pitts Amendment was a proposed amendment to the Affordable Health Care for America Act of 2010 (AHCAA). It was submitted by Representatives Bart Stupak and Joseph R. Pitts. Its stated purpose was to prohibit the use of federal funds "to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion" except in cases of rape, incest or danger to the life of the mother. It was adopted by the House but not included in the Senate's version, the Patient Protection and Affordable Care Act (PPACA). Representatives who support abortion rights said they would oppose AHCAA with the Stupak-Pitts language, and proposed to adopt PPACA. Stupak and several supporters said they would oppose PPACA without the amendment, but withdrew their opposition after President Obama promised an executive order to bar such funding. Anti-abortion groups criticized this action, saying that the executive order would not be effective.

The No Taxpayer Funding for Abortion Act is a bill that was introduced to the 112th Congress of the United States in the House of Representatives by Rep. Chris Smith and Dan Lipinski (D-Illinois). The bill's stated purpose is "[t]o prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes." In large measure, it would render permanent the restrictions on federal funding of abortion in the United States laid out in the Hyde Amendment. The bill passed the House of Representatives on May 4, 2011 by a vote of 251-175. The House of Representatives passed similar legislation in 2014, 2015, and 2017.

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Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.

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Abortion in Louisiana is illegal as of August 1, 2022.

Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.

Abortion in Minnesota is legal at all stages of pregnancy and is restricted only to standards of good medical practice. The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right. The Center for Reproductive Rights labels Minnesota as one of the most abortion-protective states in the country.

Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year. State Attorney General Lynn Fitch's certification made Mississippi's 2007 'trigger law' go into effect and ban all abortions in the state, “except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape".

As of July 1, 2023, abortion in North Carolina is currently illegal after 12 weeks of pregnancy. In the case of rape or incest, abortion is legal through the 20th week of pregnancy. In the case of a "life-limiting" fetal abnormality, abortion is legal through the 24th week of pregnancy. If the woman's life is determined by a qualified physician to be at risk, abortion is legal at any stage of pregnancy. North Carolina is destination for many out-of-state women seeking abortions, as most US Southern states have implemented laws banning abortion after six weeks of pregnancy or near-total prohibitions on abortion.

Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.

Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Vermonters said that abortion should be legal in all or most cases. The state funds abortions deemed medically necessary for low-income women via Medicaid.

Abortion in West Virginia is illegal except in cases of rape or incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in Maryland is legal at all stages of pregnancy. The first laws regulating abortion in the state were passed in 1867 and 1868, banning abortion except by a physician to "secure the safety of the mother." Abortion providers continued to operate both within and outside of the law. Legal enforcement became more strict from the 1940s through 60s, with numerous police raids on abortion providers. In 1968, Maryland passed a liberalized abortion law that clarified the wording of the previous law, allowing abortion in hospital settings in cases of rape, severe fetal deformity, or when life and health were endangered.

References

  1. ↑ "Abortion Funding Ban Has Evolved Over The Years". NPR. Retrieved March 10, 2019.
  2. ↑ Sarah Kliff (October 2, 2011). "The Hyde Amendment at 35: a new abortion divide". The Washington Post. Archived from the original on March 7, 2016. Retrieved February 23, 2016.
  3. 1 2 3 4 5 6 Rovner, Julie (December 15, 2009). "Abortion Funding Ban Has Evolved Over The Years". NPR. Retrieved June 7, 2019.
  4. ↑ Flood, Daniel J. (September 30, 1976). "H.R.14232 - 94th Congress (1975-1976): An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes". congress.gov. Retrieved July 10, 2019.
  5. ↑ "House overrides veto of HEW funding bill". Eugene Register-Guard. (Oregon). UPI. September 30, 1976. p. 1A.
  6. ↑ "Labor-HEW bill forced into law over Ford veto". Toledo Blade. (Ohio). The Washington Post. October 1, 1976. p. 1.
  7. ↑ "Congress overrides veto, to adjourn". Spokesman-Review. (Spokane, Washington). Associated Press. October 1, 1976. p. 1.
  8. ↑ See, e.g., Pub.L. No. 101-166, § 204, 103 Stat. 1159, 1177 (1989).
  9. ↑ Pub.L. No. 103-112, 107 Stat. 1082 (1993). Uscode.house.gov
  10. ↑ Id. § 509, 107 Stat. at 1113 (the 1994 Hyde Amendment).
  11. ↑ "'The Irreconcilable Conflict': The Hyde Amendment, the Courts, and the Use of Federal Funds for Abortions". CAFE. September 1, 2022. Retrieved November 7, 2024.
  12. ↑ Branigin, Anne. "The Hyde Amendment and abortion: Why it's in the news and what you need to know". The Washington Post.
  13. ↑ "The Hyde Amendment: An Abortion Barrier Hiding in Plain Sight | League of Women Voters". www.lwv.org. September 28, 2023. Retrieved November 7, 2024.
  14. ↑ "Defending Hyde: An abortion policy most Americans can embrace". America Magazine. November 19, 2012. Retrieved November 7, 2024.
  15. 1 2 3 4 "Access Denied: Origins of the Hyde Amendment and Other Restrictions on Public Funding for Abortion". American Civil Liberties Union. Retrieved April 13, 2017.
  16. 1 2 Shimabukuro, Jon O. (October 13, 2016). "Abortion: Judicial History and Legislative Response" (PDF). Congressional Research Service.
  17. ↑ "House Votes to Make Hyde Amendment Permanent". Speaker.gov. January 24, 2017. Archived from the original on December 29, 2017. Retrieved April 11, 2017.
  18. ↑ Wolf, Zachary B. (June 6, 2019). "What is the Hyde Amendment and why did Joe Biden once support it? | CNN Politics". CNN.
  19. 1 2 Haberkorn, Jennifer (October 26, 2016). "POLITICO-Harvard poll: Clinton voters eager to scrap Hyde Amendment". Politico Magazine. Retrieved June 7, 2019.
  20. ↑ Jones, Rachel K.; Finer, Lawrence B.; Singh, Susheela (January 28, 2016). "Characteristics of U.S. Abortion Patients, 2008". Guttmacher Institute. Retrieved June 14, 2019.
  21. ↑ Henshaw, Stanley K.; Joyce, Theodore J.; Dennis, Amanda; Finer, Lawrence B.; Blanchard, Kelly (June 2009). "Restrictions on Medicaid Funding for Abortions: A Literature Review" (PDF). Guttmacher Institute.
  22. ↑ "Five Facts You Should Know About the Hyde Amendment | BillMoyers.com". BillMoyers.com. Retrieved April 11, 2017.
  23. ↑ "Whose Choice? How the Hyde Amendment Harms Poor Women" (PDF). Center for Reproductive Rights. Archived from the original (PDF) on March 7, 2020.
  24. ↑ "Legislative Restrictions on Access to Abortion". NARAL Pro-Choice America. Retrieved April 11, 2017.
  25. ↑ Jerman, J.; Jones, R.K.; Onda, T. (May 2016). "Characteristics of U.S. abortion patients in 2014 and changes since 2008". Guttmacher Institute. Retrieved August 27, 2019.
  26. ↑ "Characteristics of U.S. Abortion Patients, 2008" (PDF). Guttmacher Institute. Retrieved June 14, 2019.
  27. ↑ "Medicaid Funding of Abortion". Guttmacher Institute. December 21, 2016. Retrieved March 27, 2019.
  28. ↑ "State Funding of Abortion Under Medicaid". Guttmacher Institute. July 1, 2021. Retrieved July 28, 2021.
  29. ↑ Francis, Roberta W. "Frequently Asked Questions". EqualRightsAmendment.org. Alice Paul Institute. Archived from the original on April 17, 2009. Retrieved September 13, 2009.
  30. 1 2 "State Funding of Abortions Under Medicaid". The Henry J. Kaiser Family Foundation. April 18, 2017. Retrieved April 19, 2017.
  31. ↑ "November 7, 2009 CONGRESSIONAL RECORD—HOUSE H12921". Frwebgate.access.gpo.gov. Retrieved June 14, 2019.
  32. ↑ Hall, Mimi (March 25, 2010). "Both sides of abortion issue quick to dismiss order". USA Today.
  33. ↑ "DNC Platform Includes Historic Call to Repeal Anti-Choice Hyde Amendment". Democracy Now!. June 27, 2016. Retrieved July 27, 2016.
  34. ↑ "The Abortion Policy Hillary Clinton Keeps Talking About, Explained". ThinkProgress. January 12, 2016. Retrieved April 17, 2017.
  35. ↑ "Kaine Now Backs Lifting Abortion Funding Ban". NBC News. Retrieved April 17, 2017.
  36. ↑ Julie Rovner (March 21, 2018). "Clash Over Abortion Hobbles A Health Bill. Again. Here's How". The Washington Post. Kaiser Health News. Retrieved March 22, 2018.
  37. ↑ Cunningham, Paige Winfield (March 8, 2018). "Analysis | The Health 202: Congress still can't agree on stabilizing Obamacare marketplaces". The Washington Post. Retrieved March 22, 2018.
  38. 1 2 "Biden's Budget Proposal Reverses A Decades-Long Ban On Abortion Funding". NPR. Retrieved July 27, 2021.
  39. ↑ Branigin, Anne (June 3, 2021). "The Hyde Amendment and abortion: Why it's in the news and what you need to know". The Lily. Retrieved July 27, 2021.
  40. ↑ Folley, Aris (October 18, 2021). "Senate Democrats ditch Hyde amendment for first time in decades". The Hill. Retrieved October 21, 2021.
  41. ↑ Folley, Aris (March 9, 2022). "Democrats lose fight to strip abortion funding restrictions from spending package". The Hill. Retrieved August 1, 2022.
  42. ↑ "H.R. 2471: Consolidated Appropriations Act, 2022". GovTrack. May 9, 2022. Retrieved August 1, 2022.
  43. ↑ McPherson, Lindsey (March 9, 2022). "House passes overdue $1.5 trillion omnibus appropriations bill". Roll Call. Archived from the original on April 9, 2023. Retrieved August 1, 2022.
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