Highlights of AUL s 2015 Life List

Transcription

1 Highlights of AUL s 2015 Life List Announcing the 2015 Women s Protection All- Stars... 2 Announcing The 2015 Life List... 4 Understanding the 2015 Ranking Criteria... 5 AUL s Prolific and Growing Legislative Footprint

2 Announcing the 2015 Women s Protection All- Stars Health and safety standards that ensure abortion clinics like the one run by convicted murderer Dr. Kermit Gosnell never again operate as a house of horrors represent the cutting edge of pro- life law. AUL s unique Mother- Child strategy takes into account the abortion industry s two victims, working to protect both. In light of the significance of such laws protecting women that are now gaining momentum nationwide, Americans United for Life gave five states our 2015 All- Star ranking for making the greatest advances protecting Life in Law in The 2015 Women s Protection All- Stars made the most progress in 2014, legislatively or in litigation, advancing the goals of the Women s Protection Project (AUL s legal blueprint for protecting women and their children from a largely unregulated, unrestricted, and unaccountable abortion industry, more concerned with increasing their profits than in safeguarding women s health and safety ). They are (in rank order): Oklahoma: In 2014, Oklahoma enhanced its abortion clinic regulations and enacted an admitting privileges requirement, both of which are based on AUL model legislation. It also enacted legislation supplementing its law regulating abortion- inducing drugs and prohibiting webcam abortions (also based on AUL model legislation). It is also actively defending its admitting privileges requirement and abortion- inducing drugs law against lawsuits filed in state court by the abortion industry. (Ranking: 4) Mississippi: In 2014, Mississippi became the second state to enact AUL s 20- week abortion limitation, the Women s Health Defense Act. With AUL s assistance, it also enacted perinatal hospice information requirements. In 2015, Mississippi became the new Life List #2. (Ranking: 2) Arizona: In 2014, on AUL s advice, Arizona enacted enhanced inspection (enforcement) requirements for its abortion laws. It also enhanced its parental involvement law (with a requirement which, coincidentally, is a component of AUL s Child Protection Act: a prohibition on a third- party interfering with parental rights and assisting a minor in obtaining an abortion without the requisite parental consent). Arizona also appealed the decision of the 9 th Circuit in Planned Parenthood v. Humble to the Supreme Court, continuing its fight to enforce its abortion- inducing drugs regulation and prohibition on webcam abortions (based 2

3 on AUL model legislation, the Abortion- Inducing Drugs Safety Act). (Ranking: 12) Texas: In March 2014, Texas admitting privileges requirement and abortion- inducing drugs (based, in part, on AUL model language) were upheld by the 5 th Circuit. Texas continues to actively and successfully defend the admitting privileges requirement, abortion- inducing drugs regulation, and ambulatory surgical center standards enacted in 2013 in House Bill 2 (enacted with AUL and AULA s support). AUL ranks Texas as one of the Top 10 states in implementing the Women s Protection Project. Texas did not hold a regular legislative session in (Ranking: 10) Indiana: In 2014, Indiana strengthened its admitting privileges requirement and enforcement (inspection) requirements for abortion clinics. (AUL was not involved with these two developments/laws, but Indiana also enacted a law, based on AUL model legislation, limiting insurance coverage for abortion.) AUL ranks Indiana as one of the Top 10 states in implementing the Women s Protection Project. (Ranking: 7) 3

4 Announcing The 2015 Life List A unique AUL project, The Life List ranks the 50 states for their life- related legislative and legal accomplishments since Roe v. Wade wiped out the life- protecting laws governing abortion in the 50 states. The Life List takes into account states overall advances to re- build a culture of life, not just those of the last year. Highlights of the Overall Life List ranking: 2015 Top states on the Life List: Louisiana is the top state for the 6th year in a row. Followed by Mississippi, Kansas, Oklahoma, and Arkansas. Mississippi and Kansas are new to the Top 5: o In 2014, Mississippi became the second state to enact AUL s Women s Health Defense Act, prohibiting abortions at or after 5 months based on the health risks of late- term abortions and the pain felt by an unborn child. o In 2014, Kansas continued to legislate in support of women s health, building on pro- life successes of recent years. For example, Kansas enacted a measure narrowing the state s medical emergency exception (to cases of physical threats to health) for abortion- related laws and a measure removing any tax benefit for insurance coverage of abortion. The most improved state was Mississippi following its enactment of AUL s 5- month abortion limitation. Mississippi is now #2 on the Life List (improving from #15 in 2013). Worst states in overall ranking: For the 6th year in a row, Washington is the worst state for life Followed by Vermont (which legalized assisted suicide in 2014), Oregon, California, and New Jersey 4

5 Understanding the 2015 Ranking Criteria This year s Life List ranking criteria focuses on state implementation of the components of AUL s new Women s Protection Project with an increased focus on the enforcement options in pro- life laws. (Thirty- five percent (35%) of the possible points are tied to the enactment and enforcement of these six (6) laws): The Women s Health Defense Act prohibiting late- term abortions at or after five months based on increasing evidence of the negative impact that such abortions have on women s health, as well as concerns about the pain felt by an unborn child. Unlike other available legislative models prohibiting late- term abortions, AUL s model is the only one to directly attack the Supreme Court s primary rationale for affirming Roe v. Wade the reliance interest. The specific language and animating principles of this model directly undercut the Supreme Court s ill- informed assumption that abortion is good for women and beneficial to woman s health. AUL s Women s Right to Know Act ensuring that women considering abortions are given medically accurate information about abortion, its risks and complications, and its life- affirming alternatives. Drawing on more than a decade of AUL leadership and experience with regulating abortion facilities, the Abortion Patients Enhanced Safety Act mandates that abortion clinics meet the same patient care standards as other facilities performing outpatient surgeries. AUL s Abortion- Inducing Drugs Safety Act requires that abortion providers follow the protocols approved by the FDA for RU- 486 and other abortion- inducing drugs and eliminates opportunities for abortionists to promote in unsafe and impersonal webcam abortions or to provide these dangerous drugs according to the unproven, profit- enhancing protocols being championed by the abortion industry. The Parental Involvement Enhancement Act provides 10 different options for strengthening existing parental consent or notice laws including requirements for notarized documents, requirements for identification and proof of relationship for the person consenting to or receiving notice of the abortion, and specific evidentiary and other standards for a judicial bypass hearing when a minor is seeking the waiver of her state s parental involvement requirements. 5

6 AUL s innovative Child Protection Act has three major components designed to protect America s girls. The first is a requirement that all those working in an abortion clinic including administrative staff and volunteers, not just licensed medical personnel report suspected child sexual abuse to state officials. The second component is a requirement that, when an abortion is performed on a girl under the age of 14, the abortionist retain forensic evidence that can be used in any subsequent investigation or prosecution. The final component provides legal remedies for parents when a third- party such as an abortion clinic employee or a teacher attempts to aid a child in obtaining an abortion without involving her parents as required by the laws of her home state. Life- affirming laws must not only be enacted, but must also be properly enforced. Recognizing this truth, AUL s 2014 Life List places increased emphasis on enforcement options. AUL s Enforcement Module provides states with: o Legal options for the criminal, civil, and administrative enforcement of abortion- related laws; o A third- party enforcement option permitting individuals hurt by a state s non- enforcement of a life- affirming law to initiate action to ensure proper enforcement; o And, new this year, an enhanced inspection protocol to assist state officials in discharging their enforcement responsibilities. Overall, the Life List ranking evaluates laws related to abortion, legal recognition and protection of the unborn (e.g., fetal homicide and born- alive infant protection), bioethics and biotechnologies, the end of life, and freedom of conscience. 6

7 AUL s Prolific and Growing Legislative Footprint Americans United for Life and AUL Action continue to spearhead state legislative efforts to enact life- affirming laws that build on significant gains over the last three years and that lay the groundwork for future victories in 2015 and beyond. AUL remains the leading advocate for laws protecting women and girls from the physical and psychological harms of abortion and from the dangerous and substandard facilities and practices that are all too common in America s abortion industry. In 2014, AUL s legal and policy experts helped enact 11 new pro- life measures: Alaska enacted a measure restricting Medicaid payments for abortions. Specifically, the law specifically defines medically necessary abortions to limit the number of abortions that state taxpayers must pay for under Medicaid. AUL experts consulted with lawmakers on the legislation, and AUL Action drafted a letter analyzing the measure for the Alaska Senate. Jackson s Law, another measure in Alaska, based on AUL s Unborn Wrongful Death Act and providing a wrongful death (civil) cause of action in the death of an unborn child, was enacted. Arizona enacted a measure permitting unannounced inspections of abortion facilities (in certain circumstances) to ensure compliance with the state s regulations for abortion clinics. AUL experts recommended the amendment to Arizona lawmakers. Georgia enacted a measure, based on AUL model language, prohibiting abortion coverage for state employees and in the state s health insurance Exchange (established in each state under the federal healthcare law). Indiana enacted a measure prohibiting insurance coverage of abortion. The new law includes exceptions protecting the mother s life, guarding against substantial threats to the mother s health, and applying in cases of rape and incest. The measure is based on AUL s Abortion Coverage Prohibition Act. 7

8 Mississippi enacted a measure limiting abortions at five months of pregnancy (i.e., 20 weeks) which is substantially based on AUL s Women s Health Defense Act. The five month abortion ban is based on the health risks to women caused by a late term abortion and pain to the unborn child. Mississippi also enacted a perinatal hospice information requirement, mandating that a woman whose unborn child has received a life- limiting diagnosis be informed of certain supportive services available to her if she decides to carry her child to term. On March 6, 2014, Nebraska Governor Dave Heineman signed AUL s Pregnancy Center Proclamation, supporting the work of pregnancy resource centers. Oklahoma enacted a measure based on AUL s Women s Health Protection Act and Abortion Providers Privileging Act, mandating that abortion clinics comply with comprehensive health and safety standards for women and that abortion providers maintain admitting privileges at a local hospital. Oklahoma also enacted a measure drafted by AUL experts which clarifies and strengthens the state s abortion inducing- drugs safety regulation and prohibition on webcam abortions (also based on AUL model legislation), a previously version of which was invalidated by the Oklahoma Supreme Court. Oklahoma further enacted a measure partially based on AUL s Perinatal Hospice Information Act, ensuring that a woman considering abortion after a life- limiting diagnosis for her unborn child receives information on perinatal hospice services. This measure specifically provides enforcement provisions including a private right of action for the mother, father, or grandparent of the unborn child. Importantly, AUL also helped defeat four prominent anti- life initiatives: The Colorado Reproductive Health Freedom Act, a state Freedom of Choice Act which was abandoned after significant grassroots opposition. AUL provided legal analysis on the impact of the bill, and AULA sent out an Action Alert on the measure. Measures legalizing assisted suicide in Connecticut and New Hampshire. A measure in Washington requiring insurance plans that cover maternity care to also cover abortion. 8

9 Further, AUL experts provided legislative testimony, letters, or other statements: In support of Jackson s Law in Alaska, a wrongful death measure partially based on AUL language. Explaining a measure in Alaska restricting Medicaid payments for abortion. In support of a measure in Idaho requiring abortion providers to maintain admitting privileges and regulating abortion- inducing drugs. In support of a measure in Maryland prohibiting abortions at 5 months of pregnancy. In support of a measure in Missouri based on AUL s Parental Involvement Enhancement Act. Against measures in Nebraska repealing the state s parental consent requirement and otherwise weaken existing parental involvement requirements. In support of a measure in Nebraska requiring abortion facilities to post signs concerning coerced abortions. In support of comprehensive health and safety standards for abortion clinics in New Hampshire. In support of a measure in Washington requiring parental notice. Against a measure in Washington that would have required health insurance plans that cover maternity care to also cover abortion. In support of a measure in West Virginia prohibiting abortions at 5 months of pregnancy. 9

10 Additional measures of AUL s success and legislative impact (in 2014) include: Ten states considered components of AUL s Women s Protection Project: Alabama, Illinois, Kentucky, Mississippi, Missouri, New Hampshire, New York, Oklahoma, West Virginia, and Washington. AUL distributed 854 copies of the Women s Protection Project booklet in 21 states: Alabama, Alaska, Arkansas, Colorado, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Missouri, Mississippi, North Carolina, North Dakota, Nebraska, New Hampshire, Oklahoma, Pennsylvania, and Wisconsin. AUL and AUL Action consulted with legislators and other pro- life allies on 74 life- related legislative measures and initiatives in 32 states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Idaho, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Washington, and West Virginia. AUL has distributed more than 500 legislative policy guides (containing AUL model legislation) in 29 states and DC: Alabama, Alaska, Arizona, Arkansas, California, Colorado, DC, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Hampshire, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, South Dakota, Texas, Virginia, Washington, and Wyoming. 10