New York’s Abortion Law: Are We Really Protected?

Notes from a (not so underground) Panel: New York’s Abortion Law: Are We Really Protected?

March 13, 2008, 6:30 - 8:30 p.m, Judson Memorial Church

Featured Speakers:
Richard F. Daines, M.D., New York State Health Commissioner (Note: due to some goings-on in Albany, Dr. Daines was unable to attend)

Kelli Conlin, President, NARAL Pro-Choice New York

Galen Sherwin, Reproductive Rights Project Director, New York Civil Liberties Union

Gillian Dean, M.D., Associate Medical Director of Clinical Research and Training, Planned Parenthood of New York City

Reverend Dr. Donna Schaper, Senior Minister, Judson Memorial Church

 

I attended this panel last week on the New York abortion law and the proposed Reproductive Health and Privacy Protection Act (RHPPA) and found it incredibly enlightening. Notes are below. Here is the panel’s description: As federal protections of abortion access are weakened, New York’s leading reproductive rights organizations have been asking this question. The Bush administration has filled the courts with ultra-conservative judges that have made devastating decisions regarding women’s health. The Supreme Court’s unprecedented move to uphold the federal abortionban last April was a wake-up call that we must fight to ensure that New York continues to protect and respect a woman’s ability to make private reproductive health care decisions.

 

Essentially, this panel began by summing up the history of New York’s abortion law, which was passed in 1970, three years before Roe v. Wade, and is subsequently now out-of-date. This is a particularly perilous time because of the current make-up of the Supreme Court: when Alito replaced O’Connor, 17 states introduced 38 new bills to outlaw abortion.

 

In South Dakota, the governor signed a bill in March 2006 which would have banned abortion even in the case of rape or incest. The only reason it was struck down was because the opposition gathered enough petition signatures to demand that the law be subject to public referendum. Despite its unconstitutionality, if the law had actually been enacted, it would have taken a major legal battle to overturn it. In the meanwhile, women in South Dakota would have been denied the right to choice.

 

 

KELLY CONLIN, president of NARAL New York, spoke first, focusing on the political. She emphasized that John McCain is not as innocuous or moderate as some would make him out to be. He is 100% anti-choice and would fill the courts with anti-choice judges. She also remarked that there was no need to worry about the future of RHPPA, despite Spitzer’s resignation. Paterson has long been an ally of Choice. The New York Assembly is also a bulwark of Choice. It is the New York Senate that represents the major opposition and which is majority anti-choice.

Her main call? In November, we must change the makeup of the New York State Senate. Having a majority pro-choice Senate is critical to the future of RHPPA. She also noted that we should not feel comfortable about the national congressional situation: even though the Congress has a democratic majority, it does not have a pro-choice majority.

 

GALEN SHERWIN, Reproductive Rights Project Director, New York Civil Liberties Union, spoke next. She covered the specifics of the current New York abortion law:

1. There is no definitive statement that women in New York have the right to choose; instead, abortion is a criminal matter in which exceptions for “justified abortions” are carved out.
2. Abortion is designated a penal matter, not a public health matter.
3. There is no health exception in New York law. Health exceptions in New York exist purely because of federal law. She noted that this can be confusing to doctors and hospital lawyers who, in looking at New York law, will think that they cannot abort for health reasons.

 

The New RHPPA Law would:

1. Encode a health exception.
2. Ensure the right to contraception.
3. Take abortion out of criminal law and place it into public health law.
4. Stiffens penalties for assault that results in the loss of a fetus.

 

She then went over Myths spread by RHPPA opponents, which are not correct:

1. The anti-choice movement has argued that RHPPA would allow dentists and podiatrists to perform abortion. This is patently not true. Under current public health law, all medical professionals can only operate within their scope of practice.
2. Opponents have argued that RHPPA would force religious facilities to provide abortion. Again, this is not true. There is a very clear protection in NY State law that those who do not want to provide for an abortion do not have to, unless it is a medical emergency.
3. Opponents argue that RHPPA would cause countless new abortions and legalize all abortions. Again, this is not true: the health exception is already in practice because of federal law.

 

Other States:

Galen Sherwin then went on the argue that what happens in other states DOES affect us: if other states’ laws are challenged, they could reach the Supreme Court, which could result in the overturn of Roe v. Wade. And what is most important to this fight? Public Education!

 

GILLIAN DEAN, M.D., Associate Medical Director of Clinical Research and Training, Planned Parenthood of New York City.

 

I found Gillian Dean’s remarks to be particularly interesting, perhaps because I had never heard an ob-gyn’s perspective on the matter. In reference to the Federal Abortion Ban, Dr. Dean emphasized how hard it is for her to wrap her mind around the fact that a group of politicians would tell a doctor that he or she cannot perform a procedure, even if the doctor considers it the best possible and safest procedure. She also noted an interesting statistic: 90% of all abortions are performed in the first trimester.

 

 

 

Reverend Dr. DONNA SCHAPER, Senior Minister, Judson Memorial Church.

 

While I don’t have too many notes from Reverend Schaper, all I can say is that her words were very moving and a wonderful reminder that there are members from a variety of religions who are actively working to ensure a woman’s right to choose. She also noted that her God loves sex. Awesome.

In sum, challenges facing RHPPA:

1. Key districts to focus on: Westchester, Long Island, and Upstate New York! Contact your legislators!
2. State Senate: Get rid of State Senate Majority Leader, Joseph L. Bruno!