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AUL Action Calls on Senate to Pass No Taxpayer Funding for Abortion Act to Prevent Abortion Subsidies in Healthcare Funds

By Americans United for Life
Thursday, February 26th, 2015

“This effort will more permanently protect taxpayers from subsidizing abortionists through use of healthcare funds,” said AUL Action’s Dr. Charmaine Yoest.

WASHINGTON, D.C. (02-26-15) – “Most Americans are unaware that multiple, taxpayer-supported income streams end up in abortion providers’ pockets,” observed Americans United for Life Action President and CEO Dr. Charmaine Yoest. “AUL Action calls on the U.S. Senate to pass the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act, as a critical first step toward ensuring that real healthcare respects life. This bi-partisan effort will more permanently protect taxpayers from subsidizing abortionists through use of healthcare funds.”

“AUL Action thanks both Senators Roger Wicker (R-MS) and Pat Roberts (R-KS) for leading the effort to win passage of the act, which establishes a permanent, government-wide prohibition on taxpayer funding for both abortion and insurance plans which include abortion coverage,” said Dr. Yoest.

In 1980, AUL won a historic victory for the Hyde Amendment in the Harris v. McRae case before the U.S. Supreme Court. Thirty-five years later it is clear that the Hyde Amendment does more than keep tax dollars out of abortionists’ hands – Hyde saves lives. The pro-abortion Guttmacher Institute acknowledges that the best studies show that “18-37% of pregnancies that would have ended in Medicaid-funded abortions were instead carried to term.”

Currently, pro-life advocates must work each year to renew the Hyde Amendment and other abortion funding restrictions, which prevent some federal funds from paying for abortions. However, abortion advocates in government are fighting to eliminate these protections.

The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act would also close abortion-funding loopholes created by Obamacare, a landmark anti-life law that permits funding for abortion and life-ending drugs and devices. And despite pro-life efforts, Obamacare was written so that the Hyde Amendment did not apply.

Problems with the law include:

  • Failing to prohibit the use of federal tax dollars for abortion, abortion coverage, and abortion-inducing drugs and devices.
  • Pretending that the Hyde Amendment applied to the law and prohibited direct payment for abortions.
  • Permitting federally subsidized Qualified Health Plans (QHPs) to provide abortion coverage through the state insurance exchanges required in all 50 states.
  • Failing to prohibit all multi-state qualified health plans from providing coverage for abortion.
  • Including a “preventive care” mandate that is being used to force coverage of drugs and devices known to end life.
  • Failing to provide comprehensive First Amendment conscience protections for individuals, employers, and insurance companies that have religious or moral objections to abortion.

In addition to the life-saving protections of the No Taxpayer Funding for Abortion Act, AUL Action supports state and federal legislation, such as the Title X Abortion Provider Prohibition Act, that ensure health care and family planning tax dollars are not exploited by the abortion industry.

“The abortion industry has infiltrated a number of federal and state programs in order to take limited taxpayer dollars for their deadly business,” noted Dr. Yoest. “This bill cuts funds for abortion payments and is a critical first step. AUL Action is leading state and federal efforts on additional protections that are necessary as Planned Parenthood, Abortion Inc., has collected billions in taxpayer funds through their aggressive lobbying efforts.”

To learn more about the tax monies going to the abortion industry, visit www.NoAbortionTax.com.

To learn more about the health risks of abortion for women, click here.

Today is Lincoln’s Birthday

By Clarke Forsythe
Thursday, February 12th, 2015

Abraham Lincoln

As we commemorate President Abraham Lincoln’s birthday today (February 12, 1809), reflecting on his life inspires us in our work to secure comprehensive protection of human life from conception to natural death. While Lincoln’s accomplishments as president—including his drive to secure “a new birth of freedom”—are most familiar to Americans, his political actions and speeches in the 1850s that set the stage for his campaign for the presidency are worthy of reflection.

In his Peoria speech of October 1854 against the Kansas-Nebraska Act and its expansion of slavery, Lincoln opposed the extension of slavery on the basis of principle: “If the negro is a man, why then my ancient faith teaches me that ‘all men are created equal;’ and that there can be no moral right in connection with one man’s making a slave of another.”

In the 1850s, Lincoln skillfully pursued the building of a political party, in Illinois and across the country, which would be able to elect an anti-slavery candidate as President. He articulated fundamental principles of freedom and justice in political debate with unusual eloquence, conviction, and insight. His writings and speeches include reflections on freedom, justice and prudence in politics that can guide thoughtful Americans today.

To highlight just one example as president, Lincoln’s Emancipation Proclamation of January 1, 1863 has been dismissed by some as a “cynical and meaningless document” while others have derided it as having “all the moral grandeur of a bill of lading.” But Lincoln artfully wrote it, conscious of his constitutional limits as commander in chief, to have a significant impact in undermining the rebellion, shortening the war, and giving permanent freedom to as many slaves as possible. With the expectation of a legal challenge in the courts, he wrote it—as Lincoln scholar Paul Finkelman put it– “as narrowly focused and as constitutionally solid as possible.”

Whether any proclamation could be effective in any way was conditioned by constitutional, political and military factors. Without securing these necessary supports, an ill-timed proclamation could have fallen apart, split the Union further, divided the Army, and resulted in rebel victory, which would have effectively reinforced slavery for the foreseeable future.

Lincoln’s record is one of thoughtfully struggling against enormous odds to achieve the greatest measure of justice possible in the face of the political obstacles of his time.

The cause for life is committed to protecting human life in America and thereby restoring America as an example to other nations. Working within the limits of our constitutional system and democratic republic, our challenge is to skillfully confront the enormous obstacles and entrenched interests that are committed to destroying life and persevere in building institutions, legal frameworks, and cultural movements that will protect human life at all stages of development.

May we be guided and inspired by Lincoln’s principles, prudence, and perseverance.

AUL Submits Comments Highlighting Importance of Health & Safety Standards

By Americans United for Life
Friday, January 30th, 2015

DHHS_medicaidAmericans United for Life submitted written comments today to the North Carolina Department of Health and Human Services (DHHS) on recently proposed rules for abortion facilities. AUL’s comments highlight the importance of such standards in protecting women’s health and safety and critique the rules as being deficient in several major respects.

Among the arguments AUL advances are that health and safety standards for abortion facilities are necessary for the protection of public health and safety for several reasons, including (a) abortion is an invasive surgical procedure that can lead to numerous and serious medical complications; and (b) even conservative estimates of abortion complication rates support the need for such standards.

For example, relying on the abortion industry’s own conservative estimates of complication rates along with the pro-abortion Guttmacher Institute’s latest report on induced abortions, in 2011 alone, more than 26,000 women experienced abortion-related complications, and more than 3,000 of these women required hospitalization. These numbers are not insignificant. Instead, they attest to a significant public health concern.

Deficiencies in the proposed North Carolina rules include that (a) in formulating proposed rules, DHHS failed to consult the Joint Commission (JCAHO) Standards for Ambulatory Care, the acknowledged “gold standards” for facilities performing outpatient surgical procedures; (b) DHHS is effectively and inappropriately delegating its regulatory and oversight authority to individual abortion facilities and has failed to adequately protect North Carolina women by mandating comprehensive, medically appropriate standards for such facilities; (c) the proposed rules do not provide for proper enforcement, inexplicably failing to prescribe criminal and/or civil penalties for violations; and (d) the proposed rules do not adequately define important terms, rendering the rules suspect and subject to varying interpretations.

Click here to read AUL’s comment.

AUL Action Calls on Congress to De-Fund Abortionists, Separating Taxpayer Dollars from the Billion Dollar Industry

By Americans United for Life
Thursday, January 22nd, 2015

“The highly profitable abortion industry – raking in BILLIONS – should be cut off from taxpayer funding,” said AUL’s Dr. Charmaine Yoest.

WASHINGTON, D.C. (01-22-15) – Americans United for Life Action President and CEO Dr. Charmaine Yoest called on members of Congress to pass the No Taxpayer Funding of Abortion Act, “a vote supported by 7 in 10 Americans – whether self described as pro-life or pro-choice– who have said that they don’t want their hard-earned money to pay for abortions. And yet, during the Obama Administration’s tenure the abortion business run by Planned Parenthood has reported over 510 MILLION DOLLARS IN PROFIT. At the same time, Planned Parenthood has taken in 3 BILLION tax dollars. In fact, more than 40 percent of its overall support comes from taxpayers.”

She continued, “Under Cecile Richard’s tenure at Planned Parenthood, the number of abortions performed by Planned Parenthood has gone up; taxpayer support of abortion has gone up, while other services, like breast screenings have gone down. Richards has deceptively advertised Planned Parenthood as a full-service location, while she has ordered all Planned Parenthood clinics to perform abortions. In fact, 94 percent of its pregnancy related ‘services’ are abortion. Why is this corporate giant receiving any money from struggling taxpayers?”

On the eve of the President’s State of the Union Address Dr. Yoest released a short video, calling on the President to give account for billions of tax dollars spent on Planned Parenthood alone, a business that performs about 1 in 3 abortions, according to their reports. To watch Dr. Yoest’s video, click here. To read recent AUL analysis of the Billion-Dollar business, conducted by Planned Parenthood, click here:

In a letter to Capitol Hill, Dr. Yoest informed members of Congress that the No Taxpayer Funding of Abortion Act will be a scored vote for life. The No Taxpayer Funding of Abortion Action would make permanent the protections found in the Hyde Amendment, which offers taxpayers some protections from funding abortions, when it is applied.

In 1980, AULA’s sister organization Americans United for Life won a historic victory for Americans when we successfully defended the Hyde Amendment in Harris v. McRae before the U.S. Supreme Court. AUL attorney and former Vice Chair of AUL’s board Victor Rosenblum successfully argued the case before the Supreme Court. This important court decision upheld federal and state prohibitions on public funding of abortion except in the case of the life of the mother.

AUL has been pivotal in holding Planned Parenthood accountable for their use of the glut of federal funds they lobby for and receive each year. You can read more in The Case for Investigating Planned Parenthood and the Planned Parenthood Exhibits.

To learn more about the health risks of abortion to women, click here:

AUL Calls on President to cut Tax Dollars from Planned Parenthood’s Billion Dollar Abortion Business

By Americans United for Life
Tuesday, January 20th, 2015

“Planned Parenthood is Abortion, Inc.,” says AUL’s Dr. Charmaine Yoest, “with more than 40 percent of its funding coming from taxpayers. At Planned Parenthood today, abortion is up, taxpayer funding is up, and cancer screenings are down.”

WASHINGTON, D.C. (01-20-15) – On the eve of President Obama’s State of the Union Address, Americans United for Life released a report, noting that the abortion business run by Planned Parenthood has reported over 510 MILLION DOLLARS IN PROFIT since Barack Obama became President. At the same time, Planned Parenthood has taken in 3 BILLION tax dollars in fact, more than 40 percent of its overall support comes from taxpayers. “In his State of the Union Address today, will the President report that during his time in office the number of abortions performed by Planned Parenthood has gone up and taxpayer support of abortion has gone up, while other services, like breast screenings have gone down?” said AUL President and CEO Dr. Charmaine Yoest. “Over the objections of the majority of Americans, tax dollars are supporting a highly profitable, highly secretive abortion industry.”

Dr. Yoest discussed AUL’s findings in a video as well as in a report prepared by AUL’s legal team. This follows up on AUL’s detailed analysis of Planned Parenthood’s track record, in The Case for Investigating Planned Parenthood and the Planned Parenthood Exhibits, further detailing exactly what kind of “services” are sold by the Abortion Industry leader, which commits nearly 1 in 3 abortions nationwide.

Dr. Yoest observed: “The data in Planned Parenthood’s recently released Annual Report shows that chemical and surgical abortions, along with profits, increased at Planned Parenthood. In fact, 94 percent of its pregnancy related ‘services’ are abortion. Meanwhile, under Cecile Richard’s leadership, the kinds of services touted in its advertising are all down, including cancer screening and prevention, breast exams/breast care, adoption referrals and prenatal services.”

“This report is one more reason for Congress to take up the No Taxpayer Funding of Abortion Act, to separate the hard-earned dollars of Americans from a grisly business,” said Dr. Yoest. “And this illustrates why repealing Obamacare, which is riddled with funding streams for the abortion industry, is a necessity.”

During the healthcare debates, a Quinnipiac University National Poll found that more than seven out of ten Americans agree that their taxpayer dollars should not be used to pay for abortions — including people who identify themselves as pro-choice and pro-life.

Abortion is woven into the healthcare law at multiple levels, making repeal of the law a pro-life necessity, including:

  • Failing to prohibit the use of federal tax dollars for abortion, abortion coverage, and abortion-inducing drugs and devices.
  • Pretending that the Hyde Amendment protections were enough to prohibit direct payment for abortions.
  • Permitting federally subsidized Qualified Health Plans (QHPs) to provide abortion coverage through the state insurance exchanges required in all 50 states.
  • Failing to prohibit all multi-state qualified health plans from providing coverage for abortion.
  • Including a “preventive care” mandate that is being used to force coverage of drugs and devices known to end life.
  • Failing to provide comprehensive First Amendment conscience protections for individuals, employers, and insurance companies that have religious or moral objections to abortion.

To learn more about the health risks for abortion for women, click here

AUL files 25th brief supporting Americans’ First Amendment Conscience Rights against Obamacare’s Draconian Anti-Life Mandates

By Americans United for Life
Thursday, January 15th, 2015

“Our government should not punish citizens who have a conscientious objection
to Obamacare’s anti-life agenda,” said AUL’s Dr. Charmaine Yoest.

WASHINGTON, D.C. (01-15-15) – Americans United for Life’s filed an amicus curiae (friend-of-the-court) brief today with the United States Supreme Court in Michigan Catholic Conference v. Burwell. This is AUL’s 25th brief demonstrating that the coercive, unconstitutional effects of Obamacare’s anti-life mandates force non-profit religious employers to facilitate coverage for life-ending drugs and devices in violation of their moral and religious beliefs.

“Despite the scientific evidence that some drugs and devices, deceptively labeled as ‘contraception,’ do in fact end unborn life, the Obama Administration continues to use the coercive power of government to compel their purchase,” said AUL’s CEO and President Dr. Charmaine Yoest. “Forcing a non-profit religious organization to choose between following its beliefs or facing ruinous fines is unconstitutional and un-American. Our government should not punish citizens who have a conscientious objection to Obamacare’s anti-life agenda.”

Claiming to “accommodate” religious employers, the Obama Administration announced in an August 2014 regulation that those with religious beliefs opposed to facilitating and paying for life-ending drugs and devices must hand over to the federal government the name and contact information “for any of the plan’s third party administrators and health insurance issuers.” The U.S. Department of Health and Human Services (HHS) made clear that it will use that information to force the religious employer’s insurance provider to include the objected-to items and services.

In this case, Michigan Catholic Conference v. Burwell, the trial court denied the religious organization’s request for a preliminary injunction that would have protected the organization from the coercive anti-life Mandate while appeals continue. After the Sixth Circuit affirmed the lower court in June, Michigan Catholic Conference appealed to the Supreme Court.

In its brief, available here, AUL demonstrates that the life of a new human being begins at fertilization (conception), that some drugs and devices labeled as so-called “emergency contraception” have post-fertilization effects that can prevent a new, developing human being from implanting in the uterus and thus ending his or her young life. The brief also demonstrates that forcing employers to provide coverage for such drugs violates constitutionally protected freedom of conscience.

In the brief, Americans United for Life represents the Association of American Physicians & Surgeons, American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical Association, Catholic Medical Association, The National Catholic Bioethics Center, Alabama Physicians for Life, National Association of Pro Life Nurses, and National Association of Catholic Nurses.

Abortion and anti-life policies are woven into the healthcare law at multiple levels, making repeal of the law a pro-life necessity, including:

  • Failing to prohibit the use of federal tax dollars for abortion, abortion coverage, and abortion-inducing drugs and devices.
  • Pretending that the Hyde Amendment protections were enough to prohibit direct payment for abortions.
  • Permitting federally subsidized Qualified Health Plans (QHPs) to provide abortion coverage through the state insurance exchanges required in all 50 states.
  • Failing to prohibit all multi-state qualified health plans from providing coverage for abortion.
  • Including a “preventive care” mandate that is being used to force coverage of drugs and devices known to end life.
  • Failing to provide comprehensive First Amendment conscience protections for individuals, employers, and insurance companies that have religious or moral objections to abortion.

To learn more about Real Healthcare that Respects Life, click here.

Five States Earn “All Star” Status, as AUL Releases 2015 LIFE LIST, for Protecting Women and Unborn Children from Abortion Industry Abuses

By Americans United for Life
Tuesday, January 13th, 2015

Now Being Distributed to Legislators Nationwide: AUL releases the
10th edition of Defending Life, “the playbook” of model legislation

How Safe Are You? Check out the Women’s Health and Safety Rankings

WASHINGTON, D.C. (01-13-15) – Americans United for Life released the 2015 LIFE LIST and LIFE LIST ALL STARS after analyzing progress made legislatively or in litigation in 2014. The Life List takes into account the 50 states’ overall advances since Roe v. Wade toward re-building a culture of life, including events of the last year. Coming in at number 1 for the 6th year in a row is Louisiana followed by Mississippi, Kansas, Oklahoma, and Arkansas.

“In the last 4 years, states have enacted more than 200 pro-life laws protecting women and girls from abortion industry abuses,” said AUL President and CEO Dr. Charmaine Yoest. “Abortion advocates thought that an anti-life blockade in the U.S. Senate would mean an end to pro-life victories. But equipped with tools like Defending Life, legislators and pro-life Americans worked together at the state level nationwide to protect women and girls from an abortion industry that puts profits over people.”

The 2015 LIFE LIST ALL STAR States achieved major pro-life victories by employing the Mother-Child strategy found in the Women’s Protection Project, a special package of legislation designed to address the abuses of a largely unregulated, unrestricted, and unaccountable abortion industry. Pro-life All-stars in 2014 were Oklahoma, Mississippi, Arizona, Texas, and Indiana.


(Click map to enlarge)

HOW SAFE ARE YOU? How safe women are from abortion industry abuses and substandard care depends on the laws of the states in which they live. The 2015 Women’s Health and Safety Rankings illustrates the level of legal protections found across the country, as outlined in the Women’s Protection Project. Only nine states offer strong legal protections for women; 16 states provide moderate protection, 12 states offer minimal protection and sadly, 13 states are ranked as dangerous for their failure to regulate the abortion industry by holding them accountable for the conditions they create that can endanger women.

To learn more about the 2015 Life List, the Life List All Star states, and the legislative and legal work that took place state by state across the country, click here.

AUL’s strategy has attracted a lot of attention in recent years; New York Times Magazine observed that AUL “put more muscle into fighting for restrictions on the state level — chipping away at Roe one legislature at a time.”

A Cornerstone of AUL’s Strategic Success is Defending Life, “the playbook” of more than 50 pieces of model legislation, covering life issues from conception to natural death, developed under the leadership of AUL VP of Legal Affairs Denise Burke.

In advance of the anniversary of Roe v. Wade and timed to meet legislators’ needs as lawmakers reconvene, AUL released and began distributing Defending Life to legislators in Washington, D.C. and across the country, as well as making it available to pro-life advocates now headed to the nation’s Capitol to mark the anniversary of the Supreme Court case that took decisions on abortion law and policy away from the American people and vested them in the federal courts.


AUL President & CEO, Dr. Charmaine Yoest and Senior Counsel, Ovide Lamontagne present
House Majority Leader Kevin McCarthy with a copy of the 10th Edition of Defending Life

“Pro-life model legislation has been a game changer,” said Dr. Yoest. “New in Defending Life this year are enhanced protections in AUL’s enforcement model, part of the Women’s Protection Project, which provides families with the legal means to hold dangerous abortion clinics and deadly abortionists accountable. Consistently, AUL has developed innovative and constitutionally sound laws to protect women and their unborn babies. That trend continues today. The abortion industry should be put on notice that they will not be allowed to keep profits high and standards low.”

Click here to learn more about AUL’s cutting edge, model legislation or to get your copy of the 10th edition of Defending Life.

AUL files 24th Legal Brief Defending Conscience Rights of Pro-Lifers Burdened by Obamacare’s Draconian “HHS Mandate”

By Americans United for Life
Friday, December 12th, 2014

“Obamacare’s deceptions include promises broken that healthcare would
not be polluted with anti-life policies,” said AUL’s Dr. Charmaine Yoest.

WASHINGTON, D.C. (12-12-14) – Americans United for Life filed its 24th amicus curiae (friend of the court) brief today in a legal challenge to what has become one of the most notorious Obamacare deceptions: the HHS Mandate that seeks to force employers to provide insurance coverage for life-ending drugs and devices. “Obamacare’s deceptions include promises broken that healthcare would not be polluted with anti-life policies,” said AUL CEO and President Dr. Charmaine Yoest.

“While Congressional hearings look into admitted deceptions that made possible the passage of Obamacare, too little attention is being paid to the reality that the Obama Administration is doing everything it can to force unwilling, conscientious Americans to pay for drugs and devices that can end the lives of developing human beings,” said Dr. Yoest. “As a result, AUL has filed now 24 briefs to support pro-life Americans who are victims and potential victims of governmental abuse of power against the First Amendment conscience rights of Americans.”

The brief filed today is in the case, Roman Catholic Archdiocese of Atlanta v. Secretary, U.S. Department of Health & Human Services, filed by the Archdiocese of Atlanta along with Catholic Charities of the Archdiocese of Atlanta and the Roman Catholic Diocese of Savannah. While the Department of Health and Human Services (HHS) has expressly exempted churches and their auxiliaries with the same religious objections, it refuses to do the same for non-profit, religious organizations and charities. The Obama Administration appealed after a federal district court ruled in favor of the plaintiffs.

AUL’s brief (available here), demonstrates that some drugs defined by the FDA as “contraception” can work after conception, ending the life of an already-developing human being, and that the so-called “accommodation” announced by HHS does not protect employers who object to the known life-ending effects of these drugs.

The brief was filed on behalf of Association of American Physicians & Surgeons, American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical Association, Catholic Medical Association, The National Catholic Bioethics Center, Alabama Physicians for Life, National Association of Pro Life Nurses, and National Association of Catholic Nurses.

Click here to learn more about how Real Healthcare Respects Life.

AUL Submits Testimony in Support of Virginia Abortion Standards

By Americans United for Life
Thursday, December 4th, 2014

virginia-state-capitol

Today the Virginia Board of Health is holding a hearing regarding health and safety regulations of abortion facilities. The hearing comes after a call from Governor McAuliffe to weaken existing laws. Americans United for Life’s Denise M. Burke, Esq., Vice President of Legal Affairs, submitted the following testimony in support of the standards:

Virginia’s abortion facility health and safety standards comport with Supreme Court and other legal precedent, reflect nationally recognized medical standards, and are an appropriate response to the increasing problem of substandard care and conditions at abortion facilities in Virginia and across the nation.1

Abortion facility health and safety standards do not impose an “undue burden” on a woman’s right to choose an abortion. Federal courts have repeatedly and summarily rejected the argument that these much-needed standards impose an “undue burden” on women seeking abortions by increasing the cost of abortions and/or by decreasing the number of providers.2 Importantly, the abortion “right” has been specifically defined by the Supreme Court as “the right of the woman herself” to choose an abortion,3 not as the right of abortion facilities to practice without meaningful and medically appropriate oversight, to charge a certain price for abortions, or to maintain a specific profit margin.

Further, these standards are consistent with equal protection guarantees and do not “single out” abortion providers for unfair treatment. Federal courts have uniformly rejected the argument that health and safety standards violate abortion providers’ right to equal protection. Rather, the courts have held that abortion is “a unique act” that is “rationally distinct” from all other medical procedures. As such, a state may choose to regulate abortion while leaving other medical or surgical procedures unregulated.4

Finally, since 2009, at least 29 states including Virginia have documented instances of substandard care and unsanitary conditions at abortion facilities.5 Virginia’s abortion facility health and safety standards ensure that women in the Commonwealth are not victimized by inferior care and dangerous conditions at abortion facilities.

Footnotes

  1. Twenty-eight states currently regulate (to varying degrees) facilities providing abortions:
    • Five states require that abortion facilities comply with ambulatory/outpatient surgical center or similar standards: Alabama, Missouri, Pennsylvania, Texas (in litigation), and Virginia.
      • In 2013, North Carolina enacted a law permitting state health officials to require abortion facilities to meet standards similar to those applied to ambulatory surgical centers (awaiting implementation).
    • Nineteen states maintain health and safety standards for abortion facilities: Arizona, Arkansas, Connecticut, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Nebraska, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, and Wisconsin.
    • Four states regulate facilities performing post-first trimester abortions: Florida, Minnesota, New Jersey, and Utah.
  2. Greenville Women’s Clinic v. Bryant, 222 F.3d 157, 172-75 (4th Cir. 2000), cert denied, 531 U.S. 1191 (2001); Women’s Medical Center of Northwest Houston v. Bell, 248 F.3d 411 (5th Cir. 2001); Bristol Reg’l Women’s Ctr., P.C. v. Tenn. Dep’t of Health, No. 3:99-0465 (D. Tenn. Oct. 22, 2001).
  3. Planned Parenthood v. Casey, 505 U.S. at 833, 877 (1992) (joint opinion of O’Connor, Kennedy, and Souter, JJ.).
  4. See Casey, 505 U.S. at 852; Greenville Women’s Clinic v. Bryant, 222 F.3d at 172-75 (4th Cir. 2000), cert denied, 531 U.S. 1191 (2001); and Women’s Medical Center of Northwest Houston v. Bell, 248 F.3d 411 (5th Cir. 2001).
  5. Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Texas, Utah, Virginia, and West Virginia.

Pro-Life and Pro-Abortion Advocates Agree; Pregnant Women’s Rights Must be Protected, notes Americans United for Life, as case argued in U.S. Supreme Court

By Americans United for Life
Wednesday, December 3rd, 2014

WASHINGTON, D.C. (12-03-14) – As the Supreme Court hears oral arguments today in Young v. UPS, “the need for society to respect a woman’s choice for LIFE will be front and center,” said Americans United for Life President and CEO Dr. Charmaine Yoest. The case involves the 36-year-old Pregnancy Discrimination Act (PDA) and whether it offers any real protection to women who choose life for their unborn children. “Pro-life and pro-abortion advocates agree: This case is about protecting pregnant mothers from employment discrimination,” noted Dr. Yoest. “Women should not suffer physical hardship at work or lose their jobs because they are having a baby. Most especially, pregnant mothers should not be refused the same accommodation offered others with similar work challenges.”

AUL Senior Counsel Clarke D. Forsythe was instrumental in drafting an amicus brief in the case and will serve as co-counsel in the case along with AUL General Counsel Ovide M. Lamontagne. Other co-counsel on the brief are Carrie Severino (counsel of record) and Jonathan Keim of the Judicial Education Project, and Professor Thomas Berg and Professor Teresa Collett of the University of St. Thomas School of Law. Click here to read more on the brief.

In a column today at USA Today, Forsythe observed that for years women have not received sufficient support during pregnancy as a result of culture changes follow the Roe v Wade decision. “Facing pressure from men and employers (to abort), women needed legal support if their choice was life,” wrote Forsythe. “Almost all states after Roe enacted their own version of pregnancy discrimination acts. And, today, at least 15 states have some form of legislation prohibiting coerced abortions.”

Peggy Young was a driver for UPS when she became pregnant. Though other workers with similar work challenges received a “lighter duty” accommodation, Ms. Young was denied an accommodation during her pregnancy, in violation of the federal PDA. Peggy lost in the two lower courts.

“This is an issue of basic fairness,” noted Dr. Yoest.

Even UPS now agrees: in October, UPS reversed its policy toward pregnant workers and decided to grant the same “light-duty” accommodations to pregnant workers that it grants to other employees.

The case, Young v. United Parcel Service (UPS) (No. 12-1226), will likely be decided by June 30 and possibly as soon as early March.

AUL jointly filed the amicus curiae brief in support of Peggy Young on behalf of the following 23 prolife groups and the Judicial Education Project: All Our Lives, American Association of Pro-Life Obstetricians & Gynecologists (AAPLOG), American Life League, Anglicans for Life (AFL), Bethany Christian Services, Birthmother Ministries, the Catholic Medical Association, the Christian Legal Society, Christian Adoption Services, Concerned Women for America (CWA), Democrats for Life of America (DFLA), the Ethics & Religious Liberty Commission (ERLC) of the Southern Baptist Convention, Feminists For Nonviolent Choices, Heartbeat International, Inc., Law of Life Project (LOLP), Life Legal Defense Foundation (LLDF), March for Life Education and Defense Fund, the National Association of Evangelicals, the National Institute of Family and Life Advocates (NIFLA), Students for Life of America, Susan B. Anthony List, University Faculty for Life, and the University of St. Thomas Pro-Life Center.

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