(UPDATED) Protecting Life? New Bill Says Its OK to Let Women Die

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by Jodi Jacobson, Editor in Chief, RH Reality Check

February 4, 2011 - 12:18pm (Print)

UPDATE 2: 10:36 PM, February 4th, 2011: Quotes from an article by Talking Points Memo quoting Cong. Joe Pitts on the intention of this bill have been included.

UPDATE, Friday, February 4, 2011. The text of the amendment referred to in this post--an expanded conscience clause--was not included in versions online via Thomas or other sources at the time of this update because amendments were made in the Chairman's mark, a version of the bill recommended by the committee or subcommittee chair of the measure to be considered in a markup. It may subsequently appear on line. Because I am unable to create a link for the material at this time, I have (rather cumbersomely) pasted the entire thing in a comment below.  This post explains the implications of the legal language included on page 6 and beyond of the Chairman's mark.

One hundred members of Congress (so far) have cosponsored a bill introduced by far right Congressman Joe Pitts (R-PA) called the "Protect Life Act." (See if yours is one of them below.)

They want to "protect life" so much that they have written into the bill a new amendment that would override the requirement that emergency room doctors save every patient, regardless of status or ability to pay.  The law would carve out an exception for pregnant women; doctors and hospitals will be allowed to let pregnant women die if interventions to save them will kill the fetus.

Yesterday, according to a report by NARAL Pro-Choice America, lawmakers inserted the  new provision onto page six of H.R.358, a bill that is already jam-packed with misogynistic anti-choice and anti-woman provisions. 

According to the Congressional Research Service, HR 358:

  1. Amends the Patient Protection and Affordable Care Act (PPACA) to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
  2. Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions.
  3. Prohibits a federal agency or program and any state or local government that receives federal financial assistance under PPACA from requiring any health plan created or regulated under PPACA to discriminate against any institutional or individual health care entity based on the entity's refusal to undergo training in the performance of induced abortions, require or provide such training, or refer for such training.
  4. Creates a cause of action for any violations of the abortion provisions of PPACA. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including injunctions and orders preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General.
  5. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of PPACA abortion provisions.
  6. Requires the Director of the Office of Personnel Management (OPM) to ensure that no multistate qualified health plan offered in an Exchange provides coverage of abortion services.

But for good measure and just to make sure we all understood the deeply misogynistic underpinning of today's Republican party, the new language would allow hospitals to refuse to provide abortion care when necessary to save a woman’s life.

As noted by Talking Points Memo, the bill, known currently as H.R. 358 or the "Protect Life Act," would amend the 2010 health care reform law that would modify the way Obamacare deals with abortion coverage.

Much of its language is modeled on the so-called Stupak Amendment, an anti-abortion provision pro-life Democrats attempted to insert into the reform law during the health care debate last year. But critics say a new language inserted into the bill just this week would go far beyond Stupak, allowing hospitals that receive federal funds but are opposed to abortions to turn away women in need of emergency pregnancy termination to save their lives.

As such, the bill goes further than any other bill has in encroaching on the rights of women to obtain an abortion when their health is at stake.

What is Pitts' response to the complaints from pro-choice groups about the bill? asks Eric McMorris Santoro of TPM.

"Nothing to see here."

"Since the 1970s, existing law affirmed the right to refuse involvement in abortion in all circumstances," a spokesperson for Pitts told TPM.  [emphasis added by RHRC].

"The Protect Life Act simply extends these provisions to the new law by inserting a provision that mirrors Hyde-Weldon," the spokesperson added, referring to current federal law banning spending on abortion and allowing anti-abortion doctors to refrain from performing them while still receiving federal funds. "In other words, this bill is only preserving the same rights that medical professionals have had for decades."

But as TPM notes, currently, all hospitals in America that receive Medicare or Medicaid funding are bound by a 1986 law known as EMTALA to provide emergency care to all comers, regardless of their ability to pay or other factors. Hospitals do not have to provide free care to everyone that arrives at their doorstep under EMTALA -- but they do have to stabilize them and provide them with emergency care without factoring in their ability to pay for it or not. If a hospital can't provide the care a patient needs, it is required to transfer that patient to a hospital that can, and the receiving hospital is required to accept that patient.

Pitts' new bill would free hospitals from any abortion requirement under EMTALA, meaning that medical providers who aren't willing to terminate pregnancies wouldn't have to -- nor would they have to facilitate a transfer.

The hospital could literally do nothing at all, pro-choice critics of Pitts' bill say.

"This is really out there," Donna Crane, policy director at NARAL Pro-Choice America told TPM. "I haven't seen this before."

Crane told TPM she's been a pro-choice advocate "for a long time," yet she's never seen anti-abortion bill as brazenly attacking the health of the mother exemption as Pitts' bill has.

Pitts' office told TPM they're "unmoved" by NARAL's concerns. They say the goal of their bill is to codify existing legal protections for medical providers who do not want to perform abortions, such as the Weldon Amendment. Pro-choice advocates say that the new provisions in the Pitts effectively eliminate the right of critically ill women to obtain an abortion to save their lives. That goes beyond the commonly accepted understanding of "conscience protections" for pro-life health providers.

"I think a majority of Americans would agree with us that saving a woman's life should be every hospital's first priority," Alexa Kolbi-Molina, an attorney with the ACLU's reproductive freedom division told TPM said. "We all know a woman who has faced a complication in her pregnancy ... we would hope that when that woman goes to a hospital she would be protected and get the care that she needs."

"I think a majority of Americans would believe that a hospital should not be imposing their religious beliefs when providing care, especially life-saving care," she added.

Nancy Keenan, President of NARAL Pro-Choice America stated, “Anti-choice politicians have gone from redefining rape to denying abortion care to women who will die without it."

“When it comes to attacking women’s freedom and privacy, these politicians know no bounds. This debate is just getting started. Any member of Congress who has signed his or her name to this agenda must be held accountable for such extreme attacks against women’s reproductive-health services.”

The Pitts bill effectively turns all hospitals into arms of the United States Conference of Catholic Bishops.  In other words, your health care is now fully subject to fundamentalist religious ideology.

The so-called Protect Life Act is one of a slew of pieces of legislation that seek to effectively ban abortion in the United States, establish personhood of fertilized eggs, and outlaw contraception.

In short: Fertilized eggs are people; women are not.

 

Cosponsors as of this writing:

Rep Aderholt, Robert B. [AL-4] - 1/20/2011
Rep Akin, W. Todd [MO-2] - 1/20/2011
Rep Austria, Steve [OH-7] - 1/20/2011
Rep Bachmann, Michele [MN-6] - 1/20/2011
Rep Bachus, Spencer [AL-6] - 1/20/2011
Rep Barton, Joe [TX-6] - 1/20/2011
Rep Bilirakis, Gus M. [FL-9] - 1/20/2011
Rep Black, Diane [TN-6] - 1/20/2011
Rep Blackburn, Marsha [TN-7] - 1/20/2011
Rep Brady, Kevin [TX-8] - 1/20/2011
Rep Broun, Paul C. [GA-10] - 1/20/2011
Rep Buchanan, Vern [FL-13] - 1/20/2011
Rep Buerkle, Ann Marie [NY-25] - 1/20/2011
Rep Burgess, Michael C. [TX-26] - 1/20/2011
Rep Canseco, Francisco R. [TX-23] - 1/20/2011
Rep Carter, John R. [TX-31] - 1/20/2011
Rep Cassidy, Bill [LA-6] - 1/24/2011
Rep Chaffetz, Jason [UT-3] - 1/20/2011
Rep Coffman, Mike [CO-6] - 1/20/2011
Rep Conaway, K. Michael [TX-11] - 1/20/2011
Rep Costello, Jerry F. [IL-12] - 1/20/2011
Rep Crawford, Eric A. "Rick" [AR-1] - 1/20/2011
Rep Critz, Mark S. [PA-12] - 1/20/2011
Rep Davis, Geoff [KY-4] - 1/20/2011
Rep Ellmers, Renee L. [NC-2] - 1/20/2011
Rep Flake, Jeff [AZ-6] - 1/20/2011
Rep Fleming, John [LA-4] - 1/20/2011
Rep Flores, Bill [TX-17] - 1/25/2011
Rep Fortenberry, Jeff [NE-1] - 1/20/2011
Rep Garrett, Scott [NJ-5] - 1/20/2011
Rep Gibbs, Bob [OH-18] - 1/20/2011
Rep Gingrey, Phil [GA-11] - 1/20/2011
Rep Gohmert, Louie [TX-1] - 1/20/2011
Rep Graves, Sam [MO-6] - 1/20/2011
Rep Guthrie, Brett [KY-2] - 1/20/2011
Rep Hall, Ralph M. [TX-4] - 1/20/2011
Rep Harper, Gregg [MS-3] - 1/26/2011
Rep Harris, Andy [MD-1] - 1/20/2011
Rep Hartzler, Vicky [MO-4] - 1/20/2011
Rep Huelskamp, Tim [KS-1] - 1/26/2011
Rep Huizenga, Bill [MI-2] - 1/20/2011
Rep Jenkins, Lynn [KS-2] - 1/20/2011
Rep Johnson, Timothy V. [IL-15] - 1/20/2011
Rep Jones, Walter B., Jr. [NC-3] - 1/20/2011
Rep Jordan, Jim [OH-4] - 1/20/2011
Rep Kelly, Mike [PA-3] - 1/20/2011
Rep Kingston, Jack [GA-1] - 1/20/2011
Rep Kinzinger, Adam [IL-11] - 1/20/2011
Rep Kline, John [MN-2] - 1/20/2011
Rep Lamborn, Doug [CO-5] - 1/20/2011
Rep Lance, Leonard [NJ-7] - 1/20/2011
Rep Latham, Tom [IA-4] - 1/26/2011
Rep Latta, Robert E. [OH-5] - 1/20/2011
Rep Lee, Christopher J. [NY-26] - 1/20/2011
Rep Lipinski, Daniel [IL-3] - 1/20/2011
Rep Long, Billy [MO-7] - 1/20/2011
Rep Luetkemeyer, Blaine [MO-9] - 1/24/2011
Rep Lungren, Daniel E. [CA-3] - 1/20/2011
Rep Manzullo, Donald A. [IL-16] - 1/20/2011
Rep Marchant, Kenny [TX-24] - 1/20/2011
Rep McCaul, Michael T. [TX-10] - 1/20/2011
Rep McClintock, Tom [CA-4] - 1/20/2011
Rep McCotter, Thaddeus G. [MI-11] - 1/20/2011
Rep McKinley, David B. [WV-1] - 1/20/2011
Rep McMorris Rodgers, Cathy [WA-5] - 1/20/2011
Rep Miller, Candice S. [MI-10] - 1/20/2011
Rep Miller, Jeff [FL-1] - 1/20/2011
Rep Murphy, Tim [PA-18] - 1/20/2011
Rep Neugebauer, Randy [TX-19] - 1/20/2011
Rep Nunnelee, Alan [MS-1] - 1/24/2011
Rep Olson, Pete [TX-22] - 1/20/2011
Rep Paul, Ron [TX-14] - 1/20/2011
Rep Pence, Mike [IN-6] - 1/20/2011
Rep Petri, Thomas E. [WI-6] - 1/25/2011
Rep Poe, Ted [TX-2] - 1/20/2011
Rep Pompeo, Mike [KS-4] - 1/20/2011
Rep Roe, David P. [TN-1] - 1/20/2011
Rep Rogers, Harold [KY-5] - 1/20/2011
Rep Rogers, Mike D. [AL-3] - 1/24/2011
Rep Rogers, Mike J. [MI-8] - 1/20/2011
Rep Roskam, Peter J. [IL-6] - 1/20/2011
Rep Ross, Dennis [FL-12] - 1/20/2011
Rep Ross, Mike [AR-4] - 1/20/2011
Rep Ryan, Paul [WI-1] - 1/20/2011
Rep Scalise, Steve [LA-1] - 1/20/2011
Rep Schmidt, Jean [OH-2] - 1/20/2011
Rep Sessions, Pete [TX-32] - 1/20/2011
Rep Shimkus, John [IL-19] - 1/20/2011
Rep Shuler, Heath [NC-11] - 1/20/2011
Rep Shuster, Bill [PA-9] - 1/20/2011
Rep Smith, Christopher H. [NJ-4] - 1/20/2011
Rep Smith, Lamar [TX-21] - 1/20/2011
Rep Stutzman, Marlin A. [IN-3] - 1/20/2011
Rep Sullivan, John [OK-1] - 1/20/2011
Rep Terry, Lee [NE-2] - 1/20/2011
Rep Thompson, Glenn [PA-5] - 1/20/2011
Rep Upton, Fred [MI-6] - 1/20/2011
Rep Walberg, Tim [MI-7] - 1/24/2011
Rep Whitfield, Ed [KY-1] - 1/20/2011
Rep Young, C.W. Bill [FL-10] - 1/24/2011

Follow Jodi Jacobson on Twitter, @jljacobson

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4
pro-choice-katie "In short: Fertilized eggs February 4, 2011 - 12:52pm

"In short: Fertilized eggs are people; women are not."

This has always been their ideal. When you are born, you do not have the right to demand biological material or sustenance from others, even when your life is at risk. Under their rules, you have MORE rights as a fetus than you'll ever have again in your life. Particularly if you're a girl fetus.

1.5
thedude37 Prochoice, huh Katie? February 4, 2011 - 5:57pm
4.5
Julie Watkins So injury less than death isn't good enough? February 4, 2011 - 6:02pm

By the time a doctor can "prove" to an anti-antiabortion bureaucrat or court that a woman will die, she's likely to die anyway.

4
Jodi Jacobson This is not the section of the bill in question February 4, 2011 - 10:21pm

You might want to take your own advice.

 

This is not the section of the bill in question.

4.6
Freetobe Who out there is fighting for our rights!!?? February 4, 2011 - 1:00pm

Are there any groups of women lawyers or any other women in government out there fighting for us? This sounds unconstitutuional and who do they think they are trying to send us backwards. It is like taking candy from a baby only worse we are grown humans with rights in this country or so I thought.

Even if these bills do not pass knowing that they could in the future is terryifying! What next our right to vote our right to own property? Where will this stop? Not until they have full control over us as in the dark ages?

I am ready for war! I will not give up my rights to any man ever again! I will fight to the death!

4.5
L-dan I'm wondering if any group is February 4, 2011 - 1:55pm

I'm wondering if any group is likely to do the same kind of targeting that SBA List did with those who voted for the health care act? They specifically worked on making sure that vote was brought up during the last election (though I don't know if their memories will last until the next one).

 

I think the extreme views of those signing onto both this and H.R 3, as well as anyone who votes for either bill, should be made an issue when those folks are up for re-election.

5
goatini I've been fighting for over 40 years, Free February 4, 2011 - 10:37pm

and before that, I was struggling with Sister telling us grade-school girls, in our weekly Released Time religious instruction classes, that (1) when we married and became pregnant, we should make sure we were taken to a Catholic hospital, so that if there should be any complications, the doctors would be sure to let us die so that we would go straight to Heaven for sacrificing our lives in childbirth in favor of the fetus, even if it too died regardless - instead of to a Protestant, Jewish or secular hospital where they might sacrifice the fetus and save the miserable lives of us girls, only to stain our souls with mortal sin; and (2) should both of us survive the complications, and should the newborn be severely physically and/or mentally compromised, this was a sign to us that God loved us even more than other women, and regarded us as especially special to be given the supreme gift of a broken child that he trusted us above anyone else to tend for Him.  

 

I got the idea right then and there, that if I ever DID get pregnant, I'd make sure I WASN'T ever taken to a Catholic hospital, since I had no intentions of being left to die when even the less sophisticated medical science of the early 1960s could have easily prevented the woman's death from many childbirth complications.  

 

I took every measure I could to make sure I never got pregnant, either, over the ensuing 50 years, probably because Sister scared the living cr@p out of me that day.   

 

Interestingly enough, the teachings of the Catholic Church were the single MOST effective behavioral reinforcement to never, EVER take any chances with unprotected sex!

4.9
goatini In the 1970s, I WAS taken to a Catholic hospital February 4, 2011 - 11:22pm

and just about left to die.  

 

One evening I was having dinner at my place with some friends, when suddenly I started having abdominal pain, that became more and more severe over the next half-hour.  My friends called an ambulance, and I was rushed to the nearest hospital - St. Vincent's.  

 

I was examined, poked, prodded, x-rayed, my blood was taken for testing, and ultimately I was left alone on a bed in the ER, in more pain than I had ever known in my life.  I was told by the (male) doctor, and by the nurses, that they could find no cause for my pain, and until they could find a cause, they could not administer any drugs or treatment to at least alleviate the pain, if nothing else.  

 

The pain was so very severe that the only coherent thought I could form was "I AM NOW DYING".

 

Shift change occurred at midnight, and a new OB/GYN came on board.  She was a small, dark foreign woman who, from her South Asian appearing countenance, didn't look like Vatican Canon was part of her educational formation.  

 

She approached my bed, and after reviewing my chart and x-rays,  and performing some gentle poking and prodding, asked me straightaway, "Do you have an IUD?"  

 

"YES", I said.   (a Copper 7, the latest and greatest model of the day)

 

She reached in, pulled the string, popped the IUD, and VOILA, NO MORE PAIN.

 

She said that the X-rays looked to her like there might be an IUD that had shifted out of position that was causing the pain, and that it might have perforated my uterus had it remained there and continued to shift position.  

 

When I had come to my senses enough following the swift relief of the cause of my suffering, it occurred to me that an entire ER staff of health care professionals had surely seen the IUD on the X-ray, and the thread in their gyno exam.  

 

And they had left me there to UNNECESSARILY writhe in senseless agony for hours, with nothing to relieve the pain.

 

And they had left me there to UNNECESSARILY possibly suffer a grievous internal injury, that would have destroyed my ability to bear children, should I have wanted to do so someday.  

 

If ever I knew in my heart and soul that to the Catholic Church, I was completely without worth as a human being, solely because I was a female in a grave state of sinful disobedience to Humanae Vitae, at that moment it was burned in.

 

I AM more valuable than a fertilized egg.  I was NOT put upon this earth for the sole purpose of being a breeding container with NO rights and NO voice.  I should NOT be left to suffer and die for disobeying bodily laws imposed on me by celibate men in fine silk dresses.  And there is NOTHING noble about dying for no other reason but superstitious ignorance and bigotry towards my gender.  

5
rebellious grrl I'm blown away. goatini, February 4, 2011 - 11:37pm

I'm blown away.

goatini, thank you for giving voice to what many, many women have endured.

I AM more valuable than a fertilized egg.  I was NOT put upon this earth for the sole purpose of being a breeding container.  I should NOT be left to suffer and die for disobeying bodily laws imposed on me by celibate men in fine silk dresses.  And there is NOTHING noble about dying for no other reason but superstitious ignorance and bigotry towards my gender. 

Beautifully stated. 

5
L-dan Agreed. February 4, 2011 - 11:52pm

Agreed.

5
ahunt I struggle to get past the February 5, 2011 - 10:21pm

goatini...I struggle to get past the rage and snark...to respond reasonably to the unreasonable.

 

Epic fail.

4
DataSnake As a man and a Christian I February 5, 2011 - 10:28pm

As a man and a Christian I have to say, please don't judge all of us by those assholes. The way you were treated was abhorrent. Anyone who would refuse to help those in need because they didn't "deserve" help is DEFINITELY not a follower of Christ, and as far as I'm concerned, not worthy of being called a man either! And that goes double for anyone even considering voting for this asinine bill.

5
rebellious grrl Broken link, Can you re-link? February 4, 2011 - 1:09pm

Jodi, Can you repost the link in paragraph one?

Thanks!

One hundred members of Congress (so far) have cosponsored a bill introduced by far right Congressman Joe Pitts (R-PA) called the "Protect Life Act." (Check here to see if yours is one of them.)

5
beenthere72 Weird.  It was working February 4, 2011 - 1:16pm

Weird.  It was working earlier.  There are a surprising number of women on the list.   Do they not realize what they're signing?

5
rebellious grrl When I click on the link, it February 4, 2011 - 1:18pm

When I click on the link, it says this, "Your Search Has Timed Out  - Search results in THOMAS are temporary and are deleted 30 minutes after creation. Please try your search again." Maybe it's my computer. I'll try again. 

4.5
ProChoiceFerret Eggs stop, misogyny begins February 4, 2011 - 1:48pm

There are a surprising number of women on the list.

 

How many of them do you suppose are past menopause?

5
rebellious grrl Not surprised Michele February 4, 2011 - 11:39pm

Not surprised Michele Bachmann is on the list.

4.4
rebellious grrl Thanks Jodi. It's so sad that February 4, 2011 - 1:13pm

Thanks Jodi. It's so sad that they care more about fertilized eggs than women. What will they waste time on next?

1.4
thedude37 I can tell you February 4, 2011 - 5:50pm
5
Freetobe The Hyde amendment already covers February 4, 2011 - 6:56pm

NO FUNDING FOR ABORTIONS what the hell is your problem? Paranoia dude and your repukelican death panel, lying boys , puppet buddies.

Talk about OVERKILL I guess you and they cannot read.

5
rebellious grrl It's clear you didn't read February 4, 2011 - 11:50pm

It's clear you didn't read the bill OR the article.

5
Catseye71352 Four words for these legislators: February 8, 2011 - 9:30pm

WHERE ARE THE JOBS ???

4.4
ahunt You know this is targeted at February 4, 2011 - 2:03pm

You know this is targeted at the slutty lower classes, as a republican never met a poor person  worth any respect.

5
rebellious grrl It's the Republican shame and February 4, 2011 - 11:52pm

It's the Republican shame and blame game.

5
Jodi Jacobson I've included the list of cosponsors February 4, 2011 - 2:28pm
at the bottom of the post and will update as necessary.
5
rebellious grrl Thanks Jodi! This is helpful. February 4, 2011 - 2:30pm

Thanks Jodi! This is helpful.

1.5
thedude37 What's helpful February 4, 2011 - 5:54pm
4
rebellious grrl Reading comprehension is February 4, 2011 - 11:54pm

Reading comprehension is *helpful.* You might want to try is sometime.

1.8
thedude37 Are you going to update February 4, 2011 - 5:49pm
4.4
Jodi Jacobson No, that is NOT the relevant text... February 4, 2011 - 6:16pm

As I wrote in my piece very clearly, the language is a new amendment.  It is not available on Thomas or bill tracker because it is in the Chairman's Mark.

It is expanded conscience clause language that exempts from any action any physician or hospital that refuses to provide life-saving or health-saving abortion care to any woman if taking those actions would harm her fetus.  It is medicine and health care by ideology, not ethics and science.

But that is what you prefer, is it not? Taliban-care for women?

[111H5111]
.....................................................................
(Original Signature of Member)
112TH CONGRESS
1ST SESSION H. R. ll
To amend the Patient Protection and Affordable Care Act to modify special
rules relating to coverage of abortion services under such Act.
IN THE HOUSE OF REPRESENTATIVES
Mr. PITTS introduced the following bill; which was referred to the Committee
on llllllllllllll
A BILL
To amend the Patient Protection and Affordable Care Act
to modify special rules relating to coverage of abortion
services under such Act.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Protect Life Act’’.
VerDate Nov 24 2008 15:34 Feb 02, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\TEMP\PITTS_01A.XML HOLCPC
February 2, 2011 (3:34 p.m.)
F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
2
1 SEC. 2. MODIFYING SPECIAL RULES RELATING TO COV2
ERAGE OF ABORTION SERVICES UNDER THE
3 PATIENT PROTECTION AND AFFORDABLE
4 CARE ACT TO CONFORM TO LONG-STANDING
5 FEDERAL POLICY.
6 (a) IN GENERAL.—Section 1303 of the Patient Pro7
tection and Affordable Care Act (Public Law 111–148),
8 as amended by section 10104(c) of such Act, is amend9
ed—
10 (1) by redesignating subsections (c) and (d) as
11 subsections (e) and (f), respectively;
12 (2) by redesignating paragraph (4) of sub13
section (b) as subsection (d) and transferring such
14 subsection (d) after the subsection (c) inserted by
15 paragraph (4) of this subsection with appropriate in16
dentation;
17 (3) by amending subsection (b) to read as fol18
lows:
19 ‘‘(b) SPECIAL RULES RELATING TO TRAINING IN
20 AND COVERAGE OF ABORTION SERVICES.—Nothing in
21 this Act (or any amendment made by this Act) shall be
22 construed to require any health plan to provide coverage
23 of or access to abortion services or to allow the Secretary
24 or any other Federal or non-Federal person or entity in
25 implementing this Act (or amendment) to require coverage
26 of, access to, or training in abortion services.’’;
VerDate Nov 24 2008 15:34 Feb 02, 2011 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\TEMP\PITTS_01A.XML HOLCPC
February 2, 2011 (3:34 p.m.)
F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
3
1 (4) by inserting after subsection (b) the fol2
lowing new subsection:
3 ‘‘(c) LIMITATION ON ABORTION FUNDING.—
4 ‘‘(1) IN GENERAL.—No funds authorized or ap5
propriated by this Act (or an amendment made by
6 this Act), including credits applied toward qualified
7 health plans under section 36B of the Internal Rev8
enue Code of 1986 or cost-sharing reductions under
9 section 1402 of this Act, may be used to pay for any
10 abortion or to cover any part of the costs of any
11 health plan that includes coverage of abortion, ex12
cept—
13 ‘‘(A) if the pregnancy is the result of an
14 act of rape or incest; or
15 ‘‘(B) in the case where a pregnant female
16 suffers from a physical disorder, physical in17
jury, or physical illness that would, as certified
18 by a physician, place the female in danger of
19 death unless an abortion is performed, includ20
ing a life-endangering physical condition caused
21 by or arising from the pregnancy itself.
22 ‘‘(2) OPTION TO PURCHASE SEPARATE COV23
ERAGE OR PLAN.—Nothing in this subsection shall
24 be construed as prohibiting any non-Federal entity
25 (including an individual or a State or local govern-
VerDate Nov 24 2008 15:34 Feb 02, 2011 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\TEMP\PITTS_01A.XML HOLCPC
February 2, 2011 (3:34 p.m.)
F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
4
1 ment) from purchasing separate coverage for abor2
tions for which funding is prohibited under this sub3
section, or a qualified health plan that includes such
4 abortions, so long as—
5 ‘‘(A) such coverage or plan is paid for en6
tirely using only funds not authorized or appro7
priated by this Act; and
8 ‘‘(B) such coverage or plan is not pur9
chased using—
10 ‘‘(i) individual premium payments re11
quired for a qualified health plan offered
12 through an Exchange towards which a
13 credit is applied under section 36B of the
14 Internal Revenue Code of 1986; or
15 ‘‘(ii) other non-Federal funds required
16 to receive a Federal payment, including a
17 State’s or locality’s contribution of Med18
icaid matching funds.
19 ‘‘(3) OPTION TO OFFER COVERAGE OR PLAN.—
20 Nothing in this subsection or section
21 1311(d)(2)(B)(i) shall restrict any non-Federal
22 health insurance issuer offering a qualified health
23 plan from offering separate coverage for abortions
24 for which funding is prohibited under this sub-
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f:\VHLC\020211\020211.092.xml (485867|2)
5
1 section, or a qualified health plan that includes such
2 abortions, so long as—
3 ‘‘(A) premiums for such separate coverage
4 or plan are paid for entirely with funds not au5
thorized or appropriated by this Act;
6 ‘‘(B) administrative costs and all services
7 offered through such coverage or plan are paid
8 for using only premiums collected for such cov9
erage or plan; and
10 ‘‘(C) any such non-Federal health insur11
ance issuer that offers a qualified health plan
12 through an Exchange that includes coverage for
13 abortions for which funding is prohibited under
14 this subsection also offers a qualified health
15 plan through the Exchange that is identical in
16 every respect except that it does not cover abor17
tions for which funding is prohibited under this
18 subsection.’’;
19 (5) in subsection (e), as redesignated by para20
graph (1)—
21 (A) in the heading, strike ‘‘Regarding
22 Abortion’’;
23 (B) in the heading of each of paragraphs
24 (1) and (2), strike each place it appears ‘‘RE25
GARDING ABORTION’’;
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6
1 (C) in paragraph (1), by striking ‘‘regard2
ing the prohibition of (or requirement of) cov3
erage, funding, or’’ and inserting ‘‘protecting
4 conscience rights, restricting or prohibiting
5 abortion or coverage or funding of abortion, or
6 establishing’’; and
7 (D) in paragraph (2)(A), by striking
8 ‘‘Nothing’’ and inserting ‘‘Subject to subsection
9 (g), nothing’’;
10 (6) in subsection (f), as redesignated by para11
graph (1), by striking ‘‘Nothing’’ and inserting
12 ‘‘Subject to subsection (g), nothing’’; and
13 (7) by adding at the end the following new sub14
section:
15 ‘‘(g) NONDISCRIMINATION ON ABORTION.—
16 ‘‘(1) NONDISCRIMINATION.—A Federal agency
17 or program, and any State or local government that
18 receives Federal financial assistance under this Act
19 (or an amendment made by this Act), may not sub20
ject any institutional or individual health care entity
21 to discrimination, or require any health plan created
22 or regulated under this Act (or an amendment made
23 by this Act) to subject any institutional or individual
24 health care entity to discrimination, on the basis
25 that the health care entity refuses to—
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f:\VHLC\020211\020211.092.xml (485867|2)
7
1 ‘‘(A) undergo training in the performance
2 of induced abortions;
3 ‘‘(B) require or provide such training;
4 ‘‘(C) perform, participate in, provide cov5
erage of, or pay for induced abortions; or
6 ‘‘(D) provide referrals for such training or
7 such abortions.
8 ‘‘(2) DEFINITION.—In this subsection, the term
9 ‘health care entity’ includes an individual physician
10 or other health care professional, a hospital, a pro11
vider-sponsored organization, a health maintenance
12 organization, a health insurance plan, or any other
13 kind of health care facility, organization, or plan.
14 ‘‘(3) REMEDIES.—
15 ‘‘(A) IN GENERAL.—The courts of the
16 United States shall have jurisdiction to prevent
17 and redress actual or threatened violations of
18 this section by issuing any form of legal or eq19
uitable relief, including—
20 ‘‘(i) injunctions prohibiting conduct
21 that violates this subsection; and
22 ‘‘(ii) orders preventing the disburse23
ment of all or a portion of Federal finan24
cial assistance to a State or local govern25
ment, or to a specific offending agency or
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F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
8
1 program of a State or local government,
2 until such time as the conduct prohibited
3 by this subsection has ceased.
4 ‘‘(B) COMMENCEMENT OF ACTION.—An
5 action under this subsection may be instituted
6 by—
7 ‘‘(i) any health care entity that has
8 standing to complain of an actual or
9 threatened violation of this subsection; or
10 ‘‘(ii) the Attorney General of the
11 United States.
12 ‘‘(4) ADMINISTRATION.—The Secretary shall
13 designate the Director of the Office for Civil Rights
14 of the Department of Health and Human Services—
15 ‘‘(A) to receive complaints alleging a viola16
tion of this subsection; and
17 ‘‘(B) to pursue investigation of such com18
plaints in coordination with the Attorney Gen19
eral.’’.
20 (b) CONFORMING AMENDMENT.—Section 1334(a)(6)
21 of such Act is amended to read as follows:
22 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL
23 POLICY.—In entering into contracts under this sub24
section, the Director shall ensure that no multi-State
25 qualified health plan offered in an Exchange pro-
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F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
9
1 vides coverage for abortions for which funding is
2 prohibited under subsection 1303(c) of this Act.’’.
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February 2, 2011 (3:34 p.m.)
F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)

5
Arekushieru 15 ‘‘(g) NONDISCRIMINATION ON February 4, 2011 - 7:10pm

15 ‘‘(g) NONDISCRIMINATION ON ABORTION.—
16 ‘‘(1) NONDISCRIMINATION.—A Federal agency
17 or program, and any State or local government that
18 receives Federal financial assistance under this Act
19 (or an amendment made by this Act), may not sub20
ject any institutional or individual health care entity
21 to discrimination, or require any health plan created
22 or regulated under this Act (or an amendment made
23 by this Act) to subject any institutional or individual
24 health care entity to discrimination, on the basis
25 that the health care entity refuses to—
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February 2, 2011 (3:34 p.m.)
F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
7
1 ‘‘(A) undergo training in the performance
2 of induced abortions;
3 ‘‘(B) require or provide such training;
4 ‘‘(C) perform, participate in, provide cov5
erage of, or pay for induced abortions; or
6 ‘‘(D) provide referrals for such training or
7 such abortions.
8 ‘‘(2) DEFINITION.—In this subsection, the term
9 ‘health care entity’ includes an individual physician
10 or other health care professional, a hospital, a pro11
vider-sponsored organization, a health maintenance
12 organization, a health insurance plan, or any other
13 kind of health care facility, organization, or plan.
14 ‘‘(3) REMEDIES.—
15 ‘‘(A) IN GENERAL.—The courts of the
16 United States shall have jurisdiction to prevent
17 and redress actual or threatened violations of
18 this section by issuing any form of legal or eq19
uitable relief, including—
20 ‘‘(i) injunctions prohibiting conduct
21 that violates this subsection; and
22 ‘‘(ii) orders preventing the disburse23
ment of all or a portion of Federal finan24
cial assistance to a State or local govern25
ment, or to a specific offending agency or
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F:\M12\PITTS\PITTS_01A.XML
f:\VHLC\020211\020211.092.xml (485867|2)
8
1 program of a State or local government,
2 until such time as the conduct prohibited
3 by this subsection has ceased.

Can I just say... B.U.L.L.P.U.C.K.Y????  This is NOT non-discrimination. As NO other medical procedure is given such vast room for movement as dictated by the health care professionals who provide it.  This is PURE and BLATANT discrimination against women. 

But, I DID notice how that seemed to shut the antis up.

1.5
d1st4nt You need to re-read your comment February 4, 2011 - 7:56pm
5
Arekushieru Because you're reading the February 4, 2011 - 8:04pm

Because you're reading the WRONG part, OBviously.  See my comment above yours.  THAT is the part that is in question.  Kthxbai.

 

1
d1st4nt Re-read the article February 4, 2011 - 8:10pm
5
Arekushieru Um, yeah, because of the February 4, 2011 - 8:18pm

Um, yeah, because of the CONSCIENCE CLAUSE in the Non-Discrimination On Abortion enactment, which, as I said, is what I posted above your previous comment.  Which means this is EXACTLY what BOTH articles talk about. Lack of reading comprehension, much?

5
L-dan The part you highlighted February 4, 2011 - 8:37pm

The part you highlighted simply allows that federal funds may be used to pay for abortion in those specific cases (rape, incest, threat to life).

 

It says zip about those cases with regard to the conscience clause below it. The conscience clause portion states that medical entities may not be discriminated against if they refuse to provide abortion period. It makes no exceptions for cases in which women's lives are risked by such refusal.

 

You are the one arguing the wrong point.

5
pro-choice-katie Are commenters here actually February 8, 2011 - 12:36pm

Are commenters here actually so incompetent that they don't understand the clause that the article discusses???

Shall we sum it up for them?

So, the government, under very limited circumstances, will cover the cost of an abortion. (Their point)

A hospital may let a woman who NEEDS an abortion to save her life DIE, without care, without a transfer to a treating hospital. And the government can't reimburse (even within their microscopic exceptions) for services that weren't provided in the first place. (Our point, highlighting the irrelevancy of their point)

5
rebellious grrl You haven't proved your February 4, 2011 - 11:59pm

You haven't proved your reading comprehension. Just the opposite.

4
Catseye71352 Wackjob Bachmann supports this travesty............. February 4, 2011 - 3:12pm

Why are we NOT surprised?

1
thedude37 I'm not surprised you didn't February 4, 2011 - 5:48pm
5
L-dan Actually, that is not the February 4, 2011 - 6:46pm

Actually, that is not the relevant text. That pertains to the fact that funds may be used to cover abortion in those circumstances. It has nothing to do with the conscience clause language.

 

The section regarding conscience clauses does not carve out any exceptions. It plainly states that one cannot discriminate against an entity or individual who refuses to do abortions, full stop. It does not make exceptions that would allow hospitals to be sanctioned for not providing abortions when this risks a woman's life.

5
Jodi Jacobson This is correct February 4, 2011 - 10:19pm

L-Dan

you are correct.

5
thejjmoody You seem to be missing a February 26, 2011 - 10:36am

You seem to be missing a really big point here so let me cut and paste it for you... 

    (g) Nondiscrimination on Abortion-
  •  
      `(1) NONDISCRIMINATION- A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act (or an amendment made by this Act), may not subject any institutional or individual health care entity to discrimination, or require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any institutional or individual health care entity to discrimination, on the basis that the health care entity refuses to--
  •  
    •  
        `(A) undergo training in the performance of induced abortions;
  •  
    •  
        `(B) require or provide such training;
  •  
    •  
        `(C) perform, participate in, provide coverage of, or pay for induced abortions; or
  •  
    •  
        `(D) provide referrals for such training or such abortions.

  •  
      `(2) DEFINITION- In this subsection, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
    The problem people here are talking about does not exist in your oft quoted text it is actually in this part, specifically in parts C, D and the definitation as put in section 2. 
    These sections in effect strip all health care providers of the need to even perform an abortion under any circumstances. By not requiring training in the procedure for an emergency abortion a hospital can claim they are not able to provide a service their staff has not received training in, further by providing the ablility to tell a woman seeking the service they aren't required to provide a referal to another provider that does provide that service they are seeking to limit the ablility of a woman to seek the procedure at another provider. 
    Additionally, I noticed that in all your cutting and pasting you actually omitted another section of the bill that is also a potental source of problems. Specifically Section 1, sub section A, the one that allows for abortions in cases of forceable rape and in cases of a minor an act incest.
    The problem with this is that forceable rape is not defined, neither is incest. There are also no detailed requirements as to what must be provided to prove the woman or child has been a victim of one of these crimes. Is a report enough, must there be a rape kit performed, what timeframe does a woman have to prove she is a victim, must the perp actually be convicted of the crime, or must charges actually be pending to establish evidence of these crimes? Plus across all the juristictions in the US there is no one accepted legal standard for forceable rape. Does this include date rape, spousal rape, aquantiance rape, or in addition to the rape do there have to be signs of overt violence?
    Even your favorite quoted subsection B doesn't actually provide protections for women in those cases either, because of the part of the bill I quoted earlier in this post. 
    This bill is nothing more than an attempt to restrict access to abortion because Roe v. Wade is proving too difficult to challenge in court. 
    If this bill passes I will hope that none of the sponsors, co-sponsors, or members of their families are ever caught getting an abortion or even rumored to have gotten one.
5
Julie Watkins It's a matter of public safety. Hospitals have liscenses. February 26, 2011 - 12:36pm

This angers me

By not requiring training in the procedure for an emergency abortion a hospital can claim they are not able to provide a service their staff has not received training in.

The skill set needed to treat a miscarriage, where surgery is needed to stop the bleeding & clean out & prevent infection is the same skill set as for abortion. So in order to not do abortions, the want legal right to ignore training for certain emergency situations. I guess women who can't bring a pregnancy to term aren't worth saving. Yet these hospitals want accredidation, permission from the state to do business, want to collect government funds. Wrong.

No. Medical policies and procedures based on ideology are not the equal of medical best practices determined by clinical study, and the Bishops shouldn't pressure the legislators to pretend they are equally valid. Grump.

4.4
ElizabethS Whut? February 4, 2011 - 3:18pm

Have they so mentally divorced the woman's body from the fetus that they've forgotten that letting the mother die will not actually save the fetus.  They do know this, right?  Or maybe they are that frakking stupid.  I know they are that hateful.

4.5
Julie Watkins I think this is an avoidance of "best practices" February 4, 2011 - 3:32pm

All the Catholic doctrine defenders I've read, they're saying they have to treat both patients, or the abortion can't be "direct". So they'll use the surgical method to treat an eptopic pregnancy (even though it's surgery & affects future fertility) rather than use a chemical abortion. They don't want to be told: no, you have to use the drug. Or, no: you have to act promptly, you can't wait for the fetal heartbeat to stop. Or have to do a direct abortion if the placenta is causing fatal heart failure.

Heartless, blind fanatics. They want to keep their women-killing ideology, but don't want to be forced to admit or defend causing injury or death in a court of law, they'll use politicians instead.

4.5
ElizabethS True February 4, 2011 - 3:42pm

I have faced off against many an anti-choicer who suggests that there is no medical reason for a third trimester abortion when you always have the option to induce labor or have a c-section.  To them, the procedure must be ideologically pure (or at least, lacking in baggage) regardless of the fact that an D&E might be the safest option for the woman.

4.4
Julie Watkins Right, the "pregnancy isn't a disease" fallacy. February 4, 2011 - 4:12pm

It can be. Human female biology is a compromise between larger-brain-size-is-survival-trait and larger-brain-size-can-be-fatal-genetics. Basically, larger brain gives such an advantage that genes that kill/injure a large fraction can still breed true. (Human genetics got set long before modern medicine...)

5
Arekushieru Exactly, since the only other February 4, 2011 - 4:52pm

Exactly, since the only other animals that walk upright are the apes, maybe a few of the 'lower-order' primates, (and these not all the time, even) and kangaroos.  And neither of the females of those species have as much difficulty giving birth as human females do.  The apes and other primates don't have as big of a brain. And, kangaroos are marsupials.  They give birth, as humans do, when their young are very tiny because their pelvic area wouldn't allow anything larger to pass.  The young continue the rest of their development outSIDE of the female kangaroo's body.

4.4
Arekushieru Well, considering there is no February 4, 2011 - 7:27pm

Well, considering there is no intent to kill even with abortion, itself (unless you consider the fetal portion of a placenta human life, which even most anti-choicers don't), they're just bringing disingenuousness to a whole new level. After all, they approve of THESE methods, because they say there is no intent to kill.  

Besides, forcing a woman to induce labour or have a c-section is denying her, her right to medical privacy.  And, as you and Julie said, these options aren't always the healthiest options for the woman (and, thus, very unhealthy for the fetus), meaning that they are intending harm to the woman while denying *unintentional* harm to the fetus.  Hypocrites.

Just in case the antis were the ones who are responsible for my rating on this comment, I have one question I would like to ask you:  Why does a scenario, involving the implantation of the fetal portion of the placenta into a specific female organ, constitute intent to kill when that connection is removed, even though that action is FAR outside of a woman's control and, *thus*, her responsibility?

 

1
thedude37 Which part of February 4, 2011 - 5:52pm
5
rebellious grrl I see you're proficient at February 4, 2011 - 9:52pm

I see you're proficient at copying and pasting. *Wow, I'm so dazzled*

2.4
dpcom I was astonished to hear February 4, 2011 - 5:43pm

I was astonished to hear this, so I looked up the bill and could only find this section:

‘‘(c) LIMITATION ON ABORTION FUNDING.—

 ‘‘(1) IN GENERAL.—No funds authorized or appropriated by this Act (or an amendment made by this Act), including credits applied toward qualified health plans under section 36B of the Internal Revenue Code of 1986 or cost-sharing reductions under section 1402 of this Act may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest."

 

Is there another section or amendment I can't find that abrogates this?

1.4
thedude37 ‘(1) IN GENERAL- No funds February 4, 2011 - 5:47pm
1.6
dwightk perhaps instead of (or in February 4, 2011 - 5:54pm
2
dwightk thanks for identifying February 5, 2011 - 1:41pm
1.9
Renesis Hi Jodi. This information February 4, 2011 - 5:49pm
1.5
thedude37 Thank you February 4, 2011 - 5:53pm
4.6
Jodi Jacobson As I posted above February 4, 2011 - 7:58pm

Language has been added in the Chairman's mark that creates an expanded conscience clause --a non-discrimination clause--which exempts institutions and individuals from performing abortions even in cases where a woman's life is in danger. 

As per above, this version does not appear on line as yet.

You may recall that recently a Catholic hospital in Arizona was cut off from its affiliation with the Diocese because an abortion was performed to save a woman's life (a woman who already had several children), after hospital ethicists and others determined it was the best course.  This is exactly the type of thing that in another situation, a Catholic hospital or other hospital or individual claiming "conscience" would now be exempt from having to do.

This is a dangerous precedent in and of itself but increasingly so given that Catholic hospitals are taking an increasing share of the hospital market.

We are entering an era where our medical and pharmacy practice is not being determined by medical ethics, best practices, or the best interests of the living, breathing extant patient, but rather by someone's distorted view of what constitutes "life."

I do encourage you to contact your representative and protest the entire bill, including but not limited to the newly included language.

1.8
Renesis I appreciate the effort to February 5, 2011 - 6:43pm
5
Arekushieru You haven't been reading very February 5, 2011 - 7:04pm

You haven't been reading very carefully, have you?  Jodi added that text when it was in its initial stages and there WAS nothing to find on the shared internet. Now, there is.  Simple as that.  Pitts, himself, admitted that it does exactly what it implies it does.  And, L-dan adressed this very issue above.  Y'know, when she referred to how much of a fight it was to put those exceptions into the Hyde Amendment, even...?  Also, when others reported on circumstances that were happening even NOW, that supPORted our theory?

 

5
ahunt Not to worry, Renesis.   Some February 5, 2011 - 7:51pm

Not to worry, Renesis.

 

Some of us are confident enough with the information we have. By all means, wait until you are comfortable.

3.7
beenthere72 Excellent post by CT Sen. February 4, 2011 - 5:50pm
1.6
AlTrout The Bill clearly makes an exception for rape or life of mother February 4, 2011 - 7:15pm
4.5
L-dan It makes an exception to February 4, 2011 - 7:46pm

It makes an exception to funding abortions in those cases. It does not use those cases as exceptions to the section strengthening the conscience clause.

 

Now, this is an amendment, and perhaps the bill it is amending has language that makes it clear the conscience clause is not to be used as an excuse to let women die. But I honestly don't believe so, because unlike the 'death panel'-shrieking opposition, I have yet to see the folks on this side of the debate jump to such unfounded conclusions.

 

So are you lot done copy/pasting the non-relevant portion of the amendment all over the comment feed?

4.3
rebellious grrl Clear as mud! February 4, 2011 - 10:39pm

This bill sucks! It is a horribly written piece of crap.

“Forcible rape,” what qualifies as “force?” As if rape isn’t horrible enough. Will only certain women qualify for this? Who makes the decision as to the degree of “force” to qualify as rape?  Is there a certain degree a woman is supposed to suffer? Like that's not sexist.

I find this language strange, “pregnant female.” Do they mean “pregnant  ‘human’ female?” Or “pregnant female” cat? “Pregnant female” cow? “Pregnant female” goat? Are women livestock? Why not say, “in the case where a woman suffers from……..” The emphasis is on pregnant. Like it’s determined she IS and WILL remain pregnant until she gives birth to a live baby.

5
ahunt Review Trout:   As I wrote in February 4, 2011 - 7:23pm

Review Trout:

 

As I wrote in my piece very clearly, the language is a new amendment.  It is not available on Thomas or bill tracker because it is in the Chairman's Mark.

It is expanded conscience clause language that exempts from any action any physician or hospital that refuses to provide life-saving or health-saving abortion care to any woman if taking those actions would harm her fetus.  It is medicine and health care by ideology, not ethics and science.

 

5
littledinobug errrr Someone didn't think things through February 4, 2011 - 7:24pm

If the pregnant mother dies, the baby dies anyway.  So that's aborting two lives instead of "One" if you believe in that way.

 

My head is full of....confusion over this bill.  Like WTH??

 

* CONFUSED

1
dpcom The link to the relevant text February 4, 2011 - 8:19pm
5
Arekushieru Refuses does not equate to February 4, 2011 - 8:29pm

Refuses does not equate to lack of provision of abortion care.  And, the original language of that section of the law, as L-DAN pointed out, did NOT include life-saving care as its intention, which means that, in order to repudiate the claims made, here, they should have included it, in the first place.

Btw, none of the links that have been provided have included any of the new language in the bill.  Even if it did, though, it's kind of funny that you mention Jodi, specifically, when there are many others who obviously couldn't find it, as well. 

1
AlTrout So you are crying wolf? February 4, 2011 - 8:27pm
5
Arekushieru Um, if the language is to be February 4, 2011 - 8:41pm

Um, if the language is to be inserted, I don't know what else you can call it, exCEPT 'proposed' language?  

Err, more serious lack of reading comprehension?  Each subsection repeats that clause exCEPT for the one regarding Non-Discrimination on Abortion.  So, OBviously it is NOT included in the conscience clause, there.

Really?  Are they pro-life about donating all the organs they possibly can to save organ recipients' lives?  Besides, most of the Pro-Lifers I have encountered go on to prove that they have no understanding of the dangers high-risk pregnancies present to the woman and, thus, the fetus.  Just as you, yourself, have done.  ALL pregnancies pose a danger to the woman. Pregnancy IS the second leading cause of death in women, worldwide.  You might also want to read about Obstetric Fistula, on this website, as well. And, lastly, Anti-Choicers should have no problem with early-term abortions since the fetus is not viable until at LEAST 22 weeks.

Because they've fallen for the same drivel that religious folk do, the same drivel that the latter simply falls more easily for.

Btw, I'm a Pro-Choice Christian, one who sinCEREly believes that one has to have been deceived by 'Satan' in order to be Pro-Life and Christian.

5
L-dan The part carving out February 4, 2011 - 8:51pm

The part carving out exceptions to the anti-abortion language is very clear on only carving it out with regards to funding...not as regards the entirety of the bill.

 

My recollection from the AZ Catholic hospital dustup is that current law requires hospitals to provide life-saving care in emergencies regardless of other policies, preferences, or conscience issues in operation at that hospital. Catholic hospitals have been documented flouting that law, and the aforementioned dustup was regarding one that did not flout it and wound up cut off by the church for its troubles. Thus, dismissing concerns because 'it makes no sense to let a mother die because if the mother dies the baby will die as well.' is ignoring the fact that this is already a problem.

 

The strengthening of the conscience clause listed above, exacerbates this problem by making it harder to sanction (discriminate) against hospitals that operate in this fashion. Would it be discriminatory for a city to require that ambulances avoid Catholic hospitals if they responded to an emergency situation involving a pregnant woman?

 

Maybe I don't really care why many folks are pro-life when it seems to simply be shorthand for continuing to insist that women be subject to intrusions that nobody else is. When they continue to insist that fetuses are more valuable than women, and insist that I and every other woman live our lives by that metric, why should I really care why they are pro-life? They are very demonstrably not pro-my-life.

4.4
Jodi Jacobson No I am not saying it is not February 4, 2011 - 8:58pm

No I am not saying it is not available.  I am saying it is/was not available on line at the original time of posting.  Amendments are written into legislation every day of the week, and do not necessarily appear on line for our convenience.

You write:

If someone has an objection to doing an abortion, there are many others who don't have an objection when it comes to the life of the mother usually in the same medical facility but even with all that the bill clearly says that rape, incest and life of the mother are exceptions and thus applies to all part of the bill.

False.  Not true in Catholic hospitals which have an increasing share of the market.  Moreover, why should the life of any woman any where be subjected to ideologically driven rather than medically accurate emergency care.

You wrote:

In addition, when did every medical provider suddenly become uncaring of people dying? Many in the pro-life movement are very very pro-life including pro-life Atheists/Buddhists like myself and Christopher Hitchens. And to all of them, it makes no sense to let a mother die because if the mother dies the baby will die as well. Most pro-lifers are very conscious of this. Very few if any pregnancies put the life of the mother in danger. Removal of tubal pregnancies are not considered abortions because the fetus is not viable.

First, who are you to decide what pregnancies are dangerous to the life or health of an individual woman not presenting to you for care?  Second, if you think that "many in the prolife community" are so caring about women's lives (sorry, i dont see Christopher Hitchens lobbying on the Hill), then why are groups like Pro-Life Wisconsin and Personhood Colorado and a host of others so explicit in "no exceptions for life or health of the mtoher, and why TODAY did Arizona prolifers reject an abortion bill because they could not accept a bill that included such exceptions (or for rape?).  Why did we see this case in Arizona?

Why was a pharmacist in January allowed to refuse to fill a prescription prescribed to a woman to forestall hemorhagging because she might have had an abortion?

Look around, my friend.

You can theorize all you want.  In reality real women every day are being denied care they need.  and as long as you and yours are not immediately affected, you can stay safely behind the theory.

 

 

5
Freetobe Why do we have to have a conscience claus? February 4, 2011 - 8:27pm

Is there any other human body part reviewed and controlled so unscrupulously (spelling sorry)

and why and how can doctors treat murderers and rapists? Is their a conscience claus for them too? What about criminals can they get drugs without questioning after they are released from prison?

I mean this is getting out of control people!!!!Make it stop! Stop the Government intrusion into womens lives we are HUMAN BEINGS not incubators!!

5
Arekushieru I think you spelled it right, February 4, 2011 - 8:44pm

I think you spelled it right, Freetobe.  At least my browser says you did!

1
AlTrout Pregnancy is dangerous? February 4, 2011 - 8:50pm
5
ahunt Not following... February 4, 2011 - 8:58pm

Not following...

5
L-dan Can you tell me WHY you think February 4, 2011 - 8:59pm

Can you tell me WHY you think the exception clause does NOT apply to the life of the mother? Can you also prove that all those signers of the bill also think it does NOT apply to the life of the mother? You see it seems you just want to inflame things and prescribe motives to others.

Nobody says the exception clause does not apply to abortions required to save women's lives. We are saying it applies to the section regarding funding, not the section regarding conscience clauses.

 

Why? Because it is listed right there in the Funding section...not in the section regarding nondiscrimination against entities refusing to do/teach/etc. abortion.

 

I believe that forcing a doctor to do an abortion when someone's life is in danger is absolutely correct. It is completely immoral to let women die because they ended up in the wrong hospital in an emergency situation. Would you allow a doctor to allow a gay man to die because they don't believe in treating 'immoral' people like that, or would you opine that they be forced to save them? If there's another doctor nearby without those qualms, great...if not, they're stuck with it.

 

And what does the fact that all pregnancies are dangerous have to do with this argument? As an argument for abortion being an available choice in general, sure, but that isn't what's being debated here.

 

5
Arekushieru Can you tell me WHY you think February 4, 2011 - 9:06pm

Can you tell me WHY you think the exception clause does NOT apply to the life of the mother? Can you also prove that all those signers of the bill also think it does NOT apply to the life of the mother? You see it seems you just want to inflame things and prescribe motives to others.

A demonstration of lack of reading comprehension, again.  As L-Dan and I both explained, the language is used specifically in each and every case exCEPT for the part where it refers to 'Conscience'.  Either way, both your and our claims are assumptions, but I think, all considered, a case can be made that yours is the much LARger assumption.

So let me get this straight. You think that since any pregnancy is dangerous all pregnancies should force someone who does not want to do an abortion to do an abortion? Is this the logic you use? And you call forcing someone to do an abortion as stopping government intrusion? What am I missing here? 

Um, why are you conflating two ideas that have never even come into the same orbit as each other?  The two ideas that we ARE conflating are government intrusion in regards to regulation of violation of the 'Conscience clause' and government intrusion in regards to following 'best practices'.  Which do you think is the larger intrusion, based on the political ideologies of the ProLife and ProChoice movements, respectively? And, did you not also read Freetobe's response.  As she said, no OTHER medical remedy is regulated in such a manner as this bill would have abortion regulated.  Thanks. 

1
AlTrout This is not a religious argument February 4, 2011 - 9:00pm
5
Arekushieru Um, I believe I was February 4, 2011 - 9:09pm

Um, I believe I was responding to YOU.  You are the one who brought it into the discussion, even though no one had mentioned any such thing as of yet, as a 'pre-emptive strike', I grant you, yes, but that has nothing to do with the fact that I was merely responding to YOU.  

1.7
AlTrout Religion February 4, 2011 - 9:21pm
4
Arekushieru And that we can agree upon. February 4, 2011 - 9:23pm

And that we can agree upon.  Thanks.  :)

5
squirrely girl Maybe... February 4, 2011 - 9:57pm

... you could pass along that suggestion to Stupak and friends?

5
Jodi Jacobson no we can't February 4, 2011 - 10:31pm

leave religion out.

 

Not when the US Council of Catholic Bishops lobbies for legislation that would let women die, and when the whole debate around women, sex and reproduction is set in one set of "morals" as dictated by one set of religious values not shared by everyone.

1
AlTrout Both are assumptions February 4, 2011 - 9:23pm
5
Arekushieru Um, like I also said, there February 4, 2011 - 9:25pm

Um, like I also said, there is far more substantial evidence for the assumption made by the author.  Again, thanks.

1
AlTrout What are we aborting? February 4, 2011 - 9:28pm
5
Arekushieru It doesn't matter.  If women February 4, 2011 - 9:34pm

It doesn't matter.  If women have the same rights as everyone else, they have the same right to determine who uses their body, and every part therein, and when and how they are used, just as everyone else does with indisputable human beings, which occurs even when another's life depends upon that usage.

But, abortion is the termination of the implantation of the fetal portion of the placenta.  

 

 

5
ahunt Congratulations Trout....with February 4, 2011 - 9:35pm

Congratulations Trout....with your use of  the word "we"....you have officially confirmed my suspicions that you believe a woman's uterus is public property.

 

Well done. No rilly.

5
L-dan *blink*   What is this in February 4, 2011 - 9:36pm

*blink*

 

What is this in response to? And how is it germane to the conversation at hand? It really helps if you actually use the 'reply' link attached to the post you are replying to and/or quote what you are responding to.

 

This amendment and H.R. 3 are abominations designed to not only make Hyde permanent, but to redefine what constitute 'federal funds,' create unprecidented leeway for medical professionals to endanger women, and to intrude deeply on the ability of women to exercise a legal right.

 

We can argue elsewhere about whether that right should or should not be legal. Here, apparently, we are arguing about whether the folks who do think it should be legal are overreacting to the unprecedented attack on that right. The answer is, not really. From the standpoint of someone firmly on the side of legal abortion, these amendments are brutal. From the standpoint of someone interested in women's health, these amendments are cruel and overbearing.

5
squirrely girl Unless it's YOUR uterus... February 4, 2011 - 9:48pm

... YOU aren't aborting anything now are you?

1
AlTrout Sorry not enough evidence to say that February 4, 2011 - 9:31pm
5
Arekushieru Sorry that's just not right. February 4, 2011 - 9:36pm

Sorry that's just not right. But we can agree to disagree. However you don't see me riling up the troops and convincing sheep to go around calling people "woman killers" like many posts here did.

Do you say the same thing when your fellow Pro-Lifers do the same thing that you believe we are doing, then?  And, I assure you, they do it in far larger numbers.  And, when someone believes that something isn't right, they usually have an argument to back themselves up....

5
L-dan Let's see...I see one comment February 4, 2011 - 9:42pm

Let's see...I see one comment that uses the phrase "woman-killing ideology". Please point out where we single anyone out as woman-killers. Making the point that this legislation will result in women dying is not so much inflammatory as based on documented past experience of what Catholic hospitals pressure doctors to do.

 

If the anti-choice side talked about fetuses dying instead of 'women killing their children,' if they called them 'abortion providers' instead of 'baby killers,' if they didn't insist that abortion is murder, you might even sound non-hypocritical when accusing the other side of inflammatory language.

1
AlTrout Comment Removed. February 4, 2011 - 9:37pm
5
L-dan Troll, troll, trollidy, February 4, 2011 - 9:49pm

Troll, troll, trollidy, troll.

 

This is so far off topic it isn't even funny. As soon as the debate hits a point where you don't have a response to the topic at hand...the topic shifts, right off into Godwinland this time.

 

Since you can't even reply in such a fashion as to keep the conversation coherent as to what you're replying to, I'm done feeding the troll.

5
squirrely girl The fetal portion of the placenta... February 4, 2011 - 9:53pm

... is the section of the umbilical cord attached to the fetus, no more no less. 

 

And when you find something that shows slaves were residing in another individual's body using them for life support, I'll chat about comparing abortions to slavery. Until then...

5
Arekushieru Fetus does NOT equal February 4, 2011 - 10:03pm

Fetus does NOT equal placenta.  Really, you don't know anything about pregnancy and yet STILL feel well-informed enough to comment on something dealing with that very subject?  I didn't say a fetus wasn't human. I absolutely believe a fetus is human life.  Which is WHY I'm ProChoice, because I DON'T believe that a fetus should get more rights than an indisPUTable human being does (y'know, the part you avoided addressing in favour of the above, and in order to continue derailing the thread, at that, too).  If unwanted pregnancy is a mere 'inconvenience', then unwanted sex is even moreso, so don't bother defending yourself from rape, because it's merely 'inconvenient'.

OFFS, another stinking Godwin.  Hitler was anti-choice.  He was ProLife for German women and ProAbortion for Jewish women.  Gisella Perl, a ProChoice woman, saved Jewish women from certain death by aborting their pregnancies.  A ProLife doctor would have most likely let both women and feoti die, most likely in order to convince themselves that they did not participate in an act they consider immoral.  

BOTH Hitler and slave-owners denied rights to a group of humans they categorized as inferior while giving more rights to those they considered superior, just like the ProLifers want to deny rights to a group of humans they categorize as inferior (women) and grant more rights to a group of humans they categorize as superior (feoti).  

Now, if you want to continue to derail this thread on a topic that is entirely irrelevant to the ProChoice movement, as well (the reason why I say all ProLifers have merely been deceived by the drivel they've been force-fed, whether religious OR atheist), please, feel free to go right ahead. 

4.6
ahunt Presumptuous much, Trout? February 4, 2011 - 9:43pm

Presumptuous much, Trout? Attempts to dictate the manner and content of discourse here are ALWAYS epic fails. Feel free to try though, and while yer at it, head on over to Stanek's blog, and give it a shot.

 

Lemme know how it works out for you.

0
ElizabethS Great February 4, 2011 - 9:45pm

Now that this conversation has gone the way of Godwin's Law, we can start to get serious.

 

1
AlTrout So you think just because they do it, you should do it February 4, 2011 - 9:45pm
5
ahunt Of WHAT? February 4, 2011 - 9:52pm

Of WHAT?

5
Arekushieru Um, I think sie was replying February 4, 2011 - 10:02pm

Um, I think sie was replying to me, ahunt.  But sie SERiously misinterpreted what I said.  I never admitted that we were using inflammatory language, after all AND I simply asked AlTrout if sie condemned ProLifers in the same manner.

5
ahunt Oh fer cryin' out February 4, 2011 - 9:47pm

Oh fer cryin' out loud...

 

Godwin's Law, Trout.  Look it up.

5
ElizabethS Really... February 4, 2011 - 9:49pm

Anyone who believes that "few if any" (emphasized for truthiness) pregnancies put the life of the woman in danger has nothing to contribute to a discussion of reproductive rights.  Really. 

 

1
AlTrout What do we know so far February 4, 2011 - 10:04pm
5
ahunt 1. There is nothing that can February 4, 2011 - 10:15pm

1. There is nothing that can be pinned down as being anti woman in this bill that isn't simply presumptuous.

 

Actually, I believe official efforts to force women to bear children against their will is "anti-woman.

 

2. The author of this blog presumptuously attacked the bill and used inflammatory language.

 

Well no...the author used accurate language.

 

3. A bunch of sheep who didn't realize the presumption that the blogger created have now read the bill for themselves and realized the presumption and realized that their best argument is "we think we know better than you" rather than we know for a fact.

 

 

You appear to believe that  the author pulled this out of her ass. Such is not the case.

 

http://tpmdc.talkingpointsmemo.com/2011/02/new-gop-law-would-allow-hospi...

5
L-dan Thanks for the link. I've February 4, 2011 - 10:23pm

Thanks for the link. I've been looking for something to point people to that spells it out more clearly than simply showing them the language of the bill. The fact that Pitts stands there and basically says that they're correct, is helpful as well.

5
Arekushieru 1. There is nothing in this February 4, 2011 - 10:27pm

1. There is nothing in this bill that canNOT be pinned down as being anti-woman that isn't simply presumptuous.

2. The author of this blog attacked language based on what evidence she has seen of it in the bill using perfectly acceptable language of her own.

3. A bunch of sheep who have created their own presumption of the bill in order to attack said blogger have now read the bill for themselves but continue to doggedly presume that their best argument is that  they know better than anyone, without any sufficient evidence to back themselves up.

Nope.  I have explained WHY it wouldn't.  I think it would behoove you to read that comment.  Abortion IS:  Termination of pregnancy (the implantation of the fetal portion of the placenta, which, again, does NOT equal fetus).  NO one born has the right to co-opt another person's body, or parts therein, not EVEN to save their life, without that person's ongoing, explicit and informed consent.  A baby is NOT completely dependent upon one single person to survive as a fetus is.  

And, way to go with the lack of reading comprehension again.  I am against war because it actually kills innocent human beings, so why should I be forced to support, through taxation, something I see as murder?  Get how ridiculous your logic is, now?

If this position was truly ProChoice, as you say, you would allow the same distinction for all other medical remedies.  You don't.  So, it's not about allowing choice, but about punishment, punishment for the way a woman's body was made.

Now, can we get back on-topic... please...? 

4.8
L-dan Since Trolly McTrout said he February 4, 2011 - 10:40pm

Since Trolly McTrout said he (assumption, but boy does he read as male) was done after his last spiel, we can probably remain on topic. The rest of them shut up after about the fifth explaination of why their cut and paste skills were way more impressive than their reading comprehension skills.

 

[edit] spoke too soon

 

 

5
Jodi Jacobson AlTrout...Two things.... February 4, 2011 - 11:12pm

I have just included quotes from an article by Talking Points Memo quoting Cong. Joe Pitts on the intent of the bill, which is exactly as I have described it.

 

Second, please note that your posts are now going to be flagged as trolling and you will be banned unless you stay on point and stop repeating the same unsupportable comments.

 

5
Equalist I'll bite (even though I know I shouldn't) February 5, 2011 - 11:09am

The difference between a fetus and a 1 day old baby is that while the baby can be handed to someone else to care for (as adoption, or even just a nurse or other caregiver taking the baby out of the room to care for it for the mother to get some rest) the fetus cannot be given to another person.  When medical science finds a way to successfully transfer the placenta and fetus carried by a pregnant woman into the body of another to continue the pregnancy, then your argument will have validity.  Until then, there is no comparison of a fetus to a newborn. 

In addition, caring for a 1 day old newborn does not cause massive organ failure as pregnancy gone wrong can do, thus making the life of the mother part of the argument in this case invalid as well.

1.7
AlTrout More sheep February 4, 2011 - 10:30pm
4.2
Arekushieru This is a strawman February 4, 2011 - 10:46pm

This is a strawman fallacy.

Remember this bill is not about banning abortion (why is that so hard to grasp). This is about two things.

1. Not forcing those who are against abortions from performing it.

2. Not forcing those who are against abortions to pay for it

Um, which, essentially, prevents women from seeking abortions, no matter how much you would like to try to deny it (why is that so hard to grasp).

Why did you swing this to arguing about banning abortions. That's a strawman. Perhaps it's because I'm prolife that you think it's OK to argue that. I'm happy to argue that if you want. But this bill is not about banning abortions. You may say it is in the long term, but that is also presumptuous. 

Nope, it isn't. When women don't have access to more than one such health care provider in their area, when that physician refuses to provide that service, when the woman is poor and without a family to support her (the most likely person to access this care), when that woman must secure funds to travel long distances to actually find a provider willing to perform that service, when that just further delays the point in time in which the woman can actually access abortion care, making the service even more expensive, yes, women are being prevented from having abortions.

A fetus is NOT a child.  One is not a child until one has, at the very least, been taken from the hospital.

The question at hand is if you can choose to force other people to kill war-time civilians for the government and also pay for that killing.

 

 

4.4
colleen  The question at hand is if February 4, 2011 - 11:48pm

 The question at hand is if she can choose to force other people to kill that fetus for her and also pay for that killing.

No, the question at hand is whether it's a valid  hospital policy  to allow  pregnant women to die for no other reason than that their bodies cannot sustain a pregnancy and then require her family to pay the hospital bill for  her murder.

A deathly ill woman is not in a position to "force" anyone to do ANYTHING. We are talking about hospital policy.

If the republican party  Catholic church (and fake Buddhists) find saving the lives of women so offensive they clearly should not be in the business of providing medical care to women or, for that matter, writing laws they KNOW will have no other effect than  increasing the maternal mortality rate.

 

 

5
ahunt Trout...two things: A) not February 5, 2011 - 1:38pm

Trout...two things: A) not only did I read the bill, I went looking for further information that would either corroborate or contradict the claims posted here.

 

B) Spare me the disingenuous "logicspeak" nitpicking. The purpose of this legislation is to prevent women from obtaining abortion, and you know it.

 

1.6
AlTrout Against war February 4, 2011 - 10:46pm
4.3
Arekushieru I believe your argument is February 4, 2011 - 11:40pm

I believe your argument is faulty (and your tone is cantankerous). If you are against war and do not wish to pay for it, feel free to offer up a bill to be voted upon that says that if you are against war you should not need topay for it.  If you can get more than Dennis Kucinich to vote for it, you are on your way. 

Surely you are familiar with the Republican system of legislation we have in this country? 

Note in fact we already have a law that says if you are against war, you don't need to participate in it (conscientious objector). So your statement is immediately refuted. There is in fact great precedence to the participation part of this.

 

As to the paying part of this there is also much precedence there too. As a Buddhist I do not believe in paying taxes for churches or synagogues to be built. Fortunately we live in a country where I do not need to do so. Nor do I believe in paying for someone to have slaves. So similarly there is much precedence for someone to not want to pay for abortions.

Wrong.  1. I am not the one who is making an argument promoting that someone not be forced to pay for something they consider murder.  2. Murder (or rather the taking of life) is the operative word, here.  3. Taxation is another operative word. 4.  And, so are not performing it AS a requirement of your job.  Many US military personnel defected to my country (which you will discover, below) on the grounds that they morally opposed the war that was currently taking place.  They defected because they believed they would be would be court-martialled if they remained in the US.  That is more relevant to the discussion, since they were ACTually objecting to the requirements of the perFORMance of their job.  5. I have NO problem allowing someone who has a conscientious objection to abortion not performing it, if there is someone else nearby who can provide the service in their stead - something that military personnel don't have to be concerned about - (after all, that is something that occurs with ALL other professions, medical or otherwise, because if service providers can't do their JOB they shouldn't be working at that job in the first place.  Plus, it is not OUR place to accommodate them, it is their place to accommodate us, especially when an objection to a certain part of health care arises because of one gender's biological function) 6.  Taking all of those into consideration why aren't they (and you) opposing ALL forms of taxation taken from them (and you) that lead to the exact same thing they (and you) consider murder in abortion, esPECially as it comes under the perFORMance of their job? 7. You ARE paying for someone to have slaves, when you condone slave labour for women. 8. I am Canadian (which is also relevant to this discussion, because Canada is the only democratic country without a law placing time restrictions on abortion and, because, in the majority of provinces, including the one in which I live - the most conservative province IN Canada - there is public funding for abortion), not USian.

In Buddhism we have something called vaca which means speaking in a truthful and non-hurtful way. I suggest this for you.

Why don't you try that first, then we can talk.  Your obsessive need to enslave women to their uteruses and to fetuses and deny them the same rights that everyone else has, via the same talking points that every other ProLifer has used on here, is extremely untruthful and hurtful, after all.

 

4.4
Equalist conscientious objector February 5, 2011 - 11:18am

Wow, you can't even get issues NOT dealing with abortion correct.  A conscientious objector who is actively in the military doesn't have the option of not participating in war, they just have the option of not actually being required to kill or carry a weapon as part of their duties (fiance was in the military, from a military family and we've had conversations regarding ACTUAL conscientious objectors he and those in his family have known personally).  A conscientious objector who is trained as a medic does NOT have the option of not being shipped out on the battlefield to provide medical care to wounded soldiers.  A conscientious objector trained as a communications expert does NOT have the option of ignoring transmissions that are involved in or could lead to war.  Just more proof that you don't know anything about what you're blathering on about, no matter what the topic.

1.6
AlTrout 4. Taking all of those into February 4, 2011 - 11:10pm
4.2
Arekushieru You have to focus on the February 4, 2011 - 11:27pm

You have to focus on the argument, not on the assumed hypocrisies of the arguer.

Um, no.  If your argument is hypocritical, you HAVE no argument.  Because that is not, truly, your belief.  

If a Nazi were to argue that 1+1 = 2, you may have good reason to not like him, but his argument would still be valid. Do not try to dilute the argument. Focus on why the argument currently at hand is valid.  You know nothing about my other stances and for all you know I do exactly that. Attacking a presumed hypocrisy that has nothing to do with the matter at hand show the weakness of your position. I would urge you to consider the facts and argue rationally.'

Maybe you do, but each of those arguments that was presented to you, you have failed to address, failed to note how they may reduce the validity of your claims if you do not back them up.

1.6
Nonsense is nonsense This is yet a February 4, 2011 - 11:30pm
4.3
Arekushieru Yeah, you tend to make a lot February 4, 2011 - 11:33pm

Yeah, you tend to make a lot of those, don't you?

4.2
rebellious grrl High five Arekushieru! February 5, 2011 - 12:16am

High five Arekushieru!

4
Arekushieru O/T.... February 5, 2011 - 3:15am

High five right back atcha!  Btw, I noticed in your comment about giving kudos to everyone, that ahunt was mentioned twice.  Was that unintentional or intentional?  Either way, you must really like her, eh?  ;)

1.4
Nonsense is nonsense Yeah, you tend to make a lot February 5, 2011 - 1:24am
4.4
Arekushieru Well, I know you're counting February 5, 2011 - 1:52am

Well, I know you're counting must be off, because you can't provide ANY evidence of where I've made strawman claims AND because I've pointed out two instances where you've done so.  Good job!  /snerk

5
Skiatnes :} February 25, 2011 - 7:11pm

Oh, you poor unfortunate soul, I'm afraid your math is not remotely logically sound.  Since you used the phrase "an infinite amount more of," you implied that there was a difference between the two amounts of a particular number, which means you are talking about adding!  That statement would look like this:

X = number of strawmen made by you

Y = number of strawmen made by your opponent

Y = X + infinity

Since you stipulated for us that X = 0, logically, this means that

Y = 0 + infinity

Or simply, Y = infinity.

Your opponent would have to have literally created an infinite amount of strawmen.  If your opponent made one strawman per thread, this would require your opponent to have posted on an infinite number of threads, which is an impressive undertaking, and I'm skeptical that this website's bandwidth usage would support your claim. :>  However, since you helpfully also stipulated that your opponent makes 4 to 5 strawmen per thread, then -- being mathematically conservative, your opponent would only need to post in infinity/4 threads (or, at the mathematically generous end of the spectrum, perhaps as small as infinity over five!), which is a somewhat smaller infinity (as it is indeed mathematically possible for one infinity to be 'larger' than another, but that's a Calculus II or later concept) -- but which would still require your opponent to post on an infinite number of threads.

 

Had you, however, asserted that your opponent makes "infinitely more strawmen" than you do, THEN you might have been implying multiplication (as with "doubly more" or "triply more).  In that case, your assertion might actually have some mathematical merit, given -- using the same variables above, we have:

Let Z = the number of times more that one's opponent creates strawmen than that oneself does.

Then,

Y = Z * X

Therefore, Y/X = Z

Since Y = 4 or 5 (assume 4 in this case), and X = 0, then

4/0 = Z.

 

Since any number divided by zero equals infinity, then Z would in fact, as you would have asserted, equal infinity.

 

But that wasn't what you asserted.  What you asserted was unintelligent, incorrect, and logistically impossible!

 

I hope this has taught you a valuable lesson about math, and an even more valuable lesson about confidently asserting an ignorant and inaccurate viewpoint.

 

I too know more than a little bit about formal and informal fallacies.  If you want to play that game, then by all means, let's tango.

1.5
Nonsense is nonsense A couple of points:   1.) February 4, 2011 - 11:28pm
4.5
Arekushieru 1.) Being anti-abortion is February 4, 2011 - 11:38pm

1.) Being anti-abortion is fine, so long as everyone else is anti-abortion. Otherwise, you make for an easy target, and I'm sure no one here wants to lose their livelihood to a democratic, responsible government.

2.) Aforementioned strawman.

3.) See above.  Misogyny, AS we have told you OVER and OVER, ISn't determined by one's gender.  BUT the views they support.  DUH.

4.6
Jodi Jacobson You are incorrect. February 4, 2011 - 11:37pm

That bill says nothing even close to what the author says it says. Nowhere does it say that hospitals can sit around and do nothing. That's the most liberal misconstruction of a piece of legislation I've ever seen.

Lawyers examining the language of the amendment found precisely what we have reported, and Congressman Pitts has now confirmed the intent of the language of the amendment, as we have described it here.

 

 

4.4
rebellious grrl Do you think stories like February 5, 2011 - 12:12am

Do you think stories like goatini's are "(laughable) histrionics?" Really? Because that's reinforcing the misogynistic motives behind this bill.

4.3
L-dan 1. O/T and not remotely close February 5, 2011 - 12:13am

1. O/T and not remotely close to the point. Point being that we all pay for things we're not fond of because it's part of the package of having a civil society. Most of us are willing to not nitpick every possible place our tax dollars go in order to avoid derailing the energy that our government should be putting to useful work. The right, on the other hand, is willing to use any issue they can to stir shit. They disagreed with the health care bill to begin with and tried to poison it with the Stupak amendment, knowing that the majority who wanted it would find that a tough pill to swallow. They know they can't repeal it as it stands, so they're trying it again. This is childish and unproductive bullshit that affects actual women's lives (and, coincidentally, the lives of the men and children around them), from a group that supposedly campaigned on jobs and fiscal responsiblity.

 

2. See Jodi's note below. The bill does precisely what she says. See the Talking Points Memo article for a more in-depth analysis.

 

3. Why is it hard to grasp that women can hold misogynist and anti-woman views and beliefs? Seriously, how can anyone see the crop of bills that have been brought forward at the federal and state level in just the past month as *urgent* and *emergency* legislation that all have in common the fact that they will affect women disproportionately and negatively, and think that there isn't an anti-woman agenda going on? Note that these urgent bills are brought up before anything to do with the urgent business of dealing with fiscal crises in pretty much all cases. I guarantee you aren't as tired of the accusations of misogyny as I am of living with it directed at me.

1.4
Nonsense is nonsense 1.) The issue isn't picking February 5, 2011 - 2:41am
4.4
Arekushieru 1.) The issue isn't picking February 5, 2011 - 3:01am

1.) The issue isn't picking and choosing what you pay for; it's not having to pay for something you don't. This is where the whole pick and choose straw man that the left throws out falls apart. It doesn't matter one lick if you're anti-war. You have a vested interest in the government maintaining the safety of the populace, as that entails you being safe. If the government wages war to make sure that, say, no terrorist organization kills your friends and family, that is of direct benefit to you. The same goes for public works and the like. Now contrast that to paying for other people's abortion, which has no benefit for anyone else other than the person obtaining an abortion, and you can see where the two analogies fall apart.

It's amusing that you don't realize what a strawman you've created and how completely you missed the point, thus, causing your argument to 'fall apart'.  You can't say that someone should not be forced to pay for abortion funding if they are simply morally opposed to it, then deny the same recourse for those opposed to war.  Derrrr....

In general, the government doesn't maintain the safety of the populace by waging war.  (Hello?  Afghanistan, anyone?  A suPREMEly unstable Afghanistan?)  In general, more non-combatants than combatants are killed when the government DOES wage war.

Abortion has benefits for no-one besides the woman... only if you believe pregnancy is not a high risk medical condition (but, then, I would have to ask you what kool-aid you've been drinking).  Abortion has benefits for no-one besides the woman... only if you believe that healthy women are not good for society.  Abortion has benefits for no-one besides the woman... only if you believe pregnant women are completely isolated from society (which is blatantly untrue, since most women who have abortions had children and/or were married already).

(Yes, you were.  Because these are responses to an off-topic post.  At least we can admit that, I guess...?)

Yes, I CAN actually figure that the majority of the populace would be concerned with their own personal ideologies.  How naive do you have to be to 'figure' otherwise?

Proof, please.

And that is not the argument.  The argument is that the ones who proposed the bill left the language open to be interpreted as denying a woman care even in the event that it would save her life.  Besides, nowhere does it say that the hospital CAN'T be allowed to sit around and do nothing.  Again, missing the point.  Or, did you miss the part where it said they could not be forced to refer their patients (women) to somewhere else?  Because, we didn't have any issues with the laws that were in place, PREViously.  Something we HAVE said many times, before. Hmm, but I do love the way you just proved our point.  I quote, "Even if the woman is hemorrhaging". Because it refers to some other things we mentioned on this site, specifically, that life and rape exceptions are rare, even in the case that the 'professional' merely *suspects* that the treatment may be used for an abortion.  So, what makes you think our interpretation ISn't the more likely?

Factless and baseless fearmongering? Not if you take the time to actually read what I said, above.  And, not if you question why they made any changes to the bill, if it doesn't actually do anything?  Hmmm...?  Oh, that's right, you only like to use that question when it pertains to something ProCHOICers say.

You are NOT protecting the unborn.  You are granting them MORE rights than anyone born has, which means, essentially, MORE protections than anyone born has.  Which, in turn, means that you reSTRICT the protections of women more than anyone else.

That ISn't what oppression, misogyny and racism are about, AS we have said.  They are about forms of privilege being built INto the structures of contemporary culture and society.  Thanks.  


5
L-dan With further explaination, February 5, 2011 - 11:44am

With further explaination, I'll grant it wasn't off topic. That's all I'll grant here though.

 

The issue isn't picking and choosing what you pay for; it's not having to pay for something you don't. This is where the whole pick and choose straw man that the left throws out falls apart.

Fine, my use of a standard phrase was less than precise. However, the analogy still stands that objecting to paying for war is the same as objecting to paying for abortion. This is different from paying for a military to exist, they ask for extra money for the wars we're currently in. I'm really not sure how I benefit from the war in Iraq in your argument here.

 

However, I can object to paying for something that I directly or indirectly benefit from. I object to the way we've subsidized corn for decades, despite the lower food costs, because those lower costs come with a bevy of problems that outweigh them. Also, it's pretty ridiculous to think that you can be certain that all of the government spending I object to actually benefits me in some way.

 

Second, even if I ceded the right to object to spending that somehow benefited me (directly or indirectly), then most of the anti-choice crowd is out of order as well. Anti-choice women and their daughters get abortions. Anti-choice men have wives, sisters, and daughters that get abortions--both necessary and elective. Everyone benefits indirectly from the absence of millions of unwanted children that would otherwise exist simply in terms of the resources those children would need.

 

But wait, I can hear the argument now, "they don't take goverment money for those abortions." And while this ignores the indirect benefit of not having millions of unwanted children to deal with, previously, you would mostly be correct (I find it hard to believe that there have never been abortions for anti-choicers that were assisted with Medicare or other modes of government funding..thus mostly correct). These bills go way beyond those dollars directly funding abortion. Most companies offering employee health care get a tax break for doing so. Under this bill, they won't get that break if they use plans that cover insurance...that's a huge number of women affected right there, plenty of them anti-choice women who have benefitted from having that insurance for their abortions, but now want to deny it to everyone else. Tax-advantaged health savings plans suddenly become 'federal funds'. So after setting aside money for medical costs, women are supposed to be the one group who can't use this money (their own money) for such costs?  So basically, up until now, anti-choicers have, in fact, benefited from federal money paying for abortions if you go by these new definitions of 'federal money paying for abortions.' So hey, they don't have a right to protest.

 

Given that this bill, and the Stupak amendment, go well beyond what is generally understood as 'federal money paying for abortion,' to mostly prevent women and employers from acquiring insurance that covers abortion using their own money, the majority of voters actually oppose that idea. Polls have shown majority support for being able to buy government insurance that allows for coverage of abortion with segregated funds. These go well beyond that.

 

I'm well aware that politicians can work on many things at once. But are they holding press confrences and talking loudly about what a priority those other things are? You're trying to tell me that I shouldn't take away the message that these legislators think it's more important to quickly push their anti-choice ideology than to push other useful legislation, when that is what they, themselves, are telling me.

 

2. I've already quoted the lines of the amendment that strengthen the conscience clauses that are already allowing doctors and hospitals to feel they have the right to endanger women's lives despite the laws already saying that they aren't allowed to do so. Basically, the very explicit exceptions allowed for funding, are not spelled out with regards to the conscience clauses, not least because that's precisely how the authors of the amendmnt want it...have you not been paying attention to the history of Hyde (hint, it required a tooth and nail fight just to get those few exceptions) and the words of this amendment's authors (linked to elsewhere)?

 

3. If the abortion debate from your side of the fence is solely about protecting the unborn, at the expense of the women who carry them, then yes, it is anti-woman. How is that an archaic view, rather than a stark statement of reality?

If the abortion debate is about protecting the unborn all the way back to conception, then it's hypocritical at its core, because almost nobody is actually acting as if they believe blastocysts are people.

If the abortion debate is about women bearing the 'responsibility' for having sex, then it is misogynist (women get all the burden of adjusting behavior for this responsibility while most men get none), anti-woman (since very few men will have to deal with said burden), and construing responsibility to mean 'must allow another human to use her body against her will,' which is just plain creepy on several levels and not what the word actually means. Nobody has yet managed to tell me how having an abortion = not taking responsibility. Nobody has yet managed to tell me how they think viewing children as a burden women are required to accept is healthy for women, children, or society.

5
squirrely girl You should hold your cards just a little closer... February 6, 2011 - 6:12pm

Oh, and fwiw, if I wanted, I could go through life thinking the White man is out to get me. That wouldn't make it true, though.

... because otherwise we can read them oh too well ;)

 

Seriously, do you just have nothing better to do than troll a women's repro-health site to argue with teh womenz? 

4.6
Freetobe Trout February 5, 2011 - 12:01am

We women are on to your Repuke party of puppets. At least I have been cannot speak for everyone. I know what they are up to. It has everything to do with religion and control and total takeover of the US Government which the Right is doing now.

 When someone cries wolf so many times people stop listening and that is what the right has done. I am and many, many others are now convinced without a doubt that republicans are uneducated liars. They have proved it over and over. They SAY they are Christians HA prove it! I do not see it when I see them taking funding away from programs that help children and denying life saving organ transplants.

No the Repukes are playing God they think they are God it is their pathetic stupidity and jealousy of others who are just well plain smarter.

The party of repukes have lied and lied and lied and in our Bible it says Thou shalt not lie, it says women are to be treated as equals YES it is in the Bible.

The repukes  know this  but deny it to their own advantage.

It is also a well known fact that who yells the loudest about one subject is also guilty of that subject they are yelling about. I wonder how many of the Repukes wives and daughters have had abortions hmmmm???

Oh thats right they can afford them.

How dare that party of puppets allow people to die in the streets while they feed their big fat corporate buddies their souls!!

So you see just you saying the word Reoublican party makes me instantly know you are full of it! LIE , cheat  and steal from the poor and give to the rich. they want all those poor babies being bor n to feed their glutony for war and conquering every country on the planet. the Poor babies will grow up and become soldiers to escape poverty. I know how it works!!!

You fool no one!!!

You forget you will be paying for them in welfare some day and you will yell about that just like spoiled brats who can't have their way.

 

You destroy the planet feeding your big oil buddies and never stop to think that all those fetuses you want to save will be living in a hell hole whats left of the planet earth that is already on the destruction mode. Oh yes it is but you will deny that too to feed your lust for wealth and power.

Deny and lie what a way to go. karma is a bitch and I can't wait for it to get all of you!!!!

4.2
rebellious grrl O/T Applause for goatini, February 5, 2011 - 12:24am

O/T Applause for goatini, Freetobe, L-dan, Jodi, PCF, Arekushieru, ahunt, colleen, ahunt, squirrely girl, Julie! Thank you all!!!!!!!

1
chucutitany Enlighten me February 5, 2011 - 1:08am
4.2
L-dan Wow, for someone supposedly February 5, 2011 - 1:27am

Wow, for someone supposedly coming out against emotional but intellectually hollow arguments, you're doing a good job of same.

 

You mix the words human being and person and child as if they all mean the same thing. They do not. It's late and I have work to do before crashing, so I'm going with the short versions of arguments that can be drawn out with more nuance...but here's the sound bites version.

 

Let's start with the killing innocent human beings part first.

  • what does innocence have to do with it?
  • is removing life support killing? If no, then at least abortions up to viability aren't actually killing.
  • Do I have the right to kill someone threatening my life and health? If so, abortions throughout pregnancy fall under this category...and killing a toddler does not.
  • Do I have a right to threaten someone else's life or health? If not, why does a fetus have that right?

Now the human being-person-child part.

  • Human being does not equal person. If you believe a blastocyst is a person, you are in the minority. You are certainly out of the realms of legal personhood.
  • Actual, legal persons are not required to give of their body to sustain anyone else's life. No forced blood or living organ donation, for example. Why are women (and only women) required to do so for your sense of justice?
  • How is a blastocyst different from any other stem cell? How is it ok to abort a parasitic twin, but not a regular old embyo? In other words, what is your definition of person that makes a zygote/embryo/fetus different from a number of other living things with human DNA that we have no problem medically removing?

Finally, on to the meat of this bill.

  • Does your sense of justice require that women who need life-saving abortions die (generally along with the fetus)?
  • Does your sense of justice believe that women need to prove they were subject to the right kind of rape in order to receive assistance in not carrying her rapist's child and being traumatized over and over again?
  • Does your sense of justice allow that doctors and pharmacists can subject women presenting for treatment or prescriptions to their suspicions about why they may be there? Keep in mind that miscarriages look an awful lot like abortions.
4.5
ProChoiceFerret dook dook dook dook dook February 5, 2011 - 1:27am

If it's an injustice to intentionally kill innocent human beings, and abortion intentionally kills innocent human beings, then abortion is an injustice.

 

Unlike forcing pregnant women to remain pregnant against their will, which is just peachy-keen!

 

Why it is a right for women to kill their children?!

 

Sorry, but this isn't a pro-infanticide site. Were you looking for the Susan Smith Fan Club?

 

I challenge anyone passionate about this to show me why women have the right to kill their children, or to show me evidence that the unborn are not human beings.

 

Good luck with that. Perhaps you can show us why fetuses somehow have this amazing right to obtain biological life support from a woman who does not consent to providing it. Who else do you suppose gets this right to use womens' bodies without their consent?

 

I don’t have the obligation nor feel in any way at all that I have to put aside my sense of justice so that you can kill your child more “safely.”

 

Well, you wouldn't be the first person to think that violating the human rights of pregnant women is "justice."

4.2
Lemland Granted, trying to be a February 5, 2011 - 1:48am

Granted, trying to be a bright side person, I'm glad that it says "allowing" hospitals that receive federal funds but are opposed to abortions to turn away women in need of emergency pregnancy termination to save their lives, and not "obligating" hospitals that receive federal funds but are opposed to abortions to turn away women in need of emergency pregnancy termination to save their lives.

 

Be that as it may, can I say to the government or whomever approved of this bill: "You are dumb, you are so dumb, you are really dumb, for real." That's seriously awesome, America, let the mother AND child die instead of just the child! YEAH LET'S KILL TWO PEOPLE FOR THE PRICE OF ONE, ALRIGHT!!!

 

See, things like this, this right here, make me not want to have children. You know that old saying, "All of the wrong people are having children, and all of the right people aren't because they don't want to bring a child into a world inhabited by people like that"? Yeah, that's how I feel. I'm just going to get my uterus and ovaries removed entirely. Pretty soon, they're going to be moving for a bill that makes masturbation illegal and requires every single egg and sperm to be made into children, because eggs and sperm are "half a person"! No girl will be allowed to have a period, because that bloody tampon had the POTENTIAL to become a CHILD!

 

I am so effing sick of the world... I'm going to move to Canada... or maybe Mars.

3
littledinobug Come to Canada February 5, 2011 - 9:21am

GAH Multipost!  sorry!

Every sperm is sacred

Every sperm is good

Every sperm is needed

In your neighborhood!

1.7
littledinobug Come to Canada February 5, 2011 - 9:21am
3
littledinobug Come to Canada February 5, 2011 - 9:22am

gonna leave this because it's funny...

 

Every sperm is sacred

Every sperm is good

Every sperm is needed

In your neighborhood!

4.2
littledinobug Come to Canada February 5, 2011 - 9:21am

Dr's are supposed to leave their personal philosophies at the door up here.  If they don't they answer to the licensing board and the College of Physicians and Surgeons of their province for refusing care.

 

They can say "I don't recommend this procedure because:"  and allow you to make your informed decision but they cannot deny you care.  

 

Starts singing

 

Every sperm is sacred

Every sperm is good

Every sperm is needed

In your neighborhood!

1
joeman You are right February 5, 2011 - 12:28pm