New Report Shows State-Level Attacks on Choice Skyrocketed in 2011;Analysis Shows 2012 Could Be Even Worse for Women’s Freedom and Privacy
Agenda that opens door to more political interference in women’s personal, private decisions out of touch with nation’s values and priorities Washington, D.C.—Today NARAL Pro-Choice America Foundation released the 21st edition of Who Decides? The Status of Women’s Reproductive Rights in the United States, the nation’s most comprehensive report on choice-related laws. The report shows that states enacted more than twice as many anti-choice measures in 2011 as the previous year, and the legislative landscape could open the door to even more attacks in 2012. “The findings in this report should spur every American who values freedom and privacy into action,” Keenan said. “Last year, we predicted that our opponents would ignore the public’s call to focus on the nation’s immediate challenges, such as the economy. Sadly for women, our predictions came true at near-record levels. Lawmakers waged a War on Women, and as a result, women in many states will see more political interference in their personal, private medical decisions. In some cases, women could lose access to reproductive-health services they currently have.” Keenan said 26 states enacted 69 anti-choice measures in 2011, the second-highest number since the organization started tracking such data in 1995. The record is 70, set in 1999. Since 1995, states have enacted 713 anti-choice measures. Keenan said two pro-choice governors, Mark Dayton of Minnesota (D) and Brian Schweitzer of Montana (D), vetoed anti-choice bills and kept 2011 from breaking the record for state-level attacks. NARAL Pro-Choice America dedicated the publication to these gubernatorial champions. The outcome was quite different in other states. For instance, while former Gov. Kathleen Sebelius of Kansas (D) vetoed eight anti-choice bills over the course of her tenure, her successor, Gov. Sam Brownback (R), signed five anti-choice bills into law in his first year in office. Kansas tied with Arizona and Florida for enacting the most anti-choice measures this year. “An elected official’s position on choice matters,” Keenan said. “A governor can be either a firewall to protect a woman’s right to choose or the person who signs away women’s freedom and privacy.” Keenan also said that 2012 could be even worse for women’s reproductive rights. The organization’s analysis of state government shows that 44 states are under anti- or mixed-choice control. In these situations, there is either no way to stop anti-choice bills like abortion-coverage bans or proposals to de-fund family-planning programs, or a governor’s veto is at risk of being overridden. So as devastating as last year’s legislative session was for anti-choice proposals, given this legislative climate across states, next year could be even worse. Overview of State Action in 2011 and Outlook for 2012 2011: A Look Back Pro-Choice Progress · Six states enacted 10 pro-choice measures in 2011. · California enacted the most pro-choice legislation in 2011, with four measures, including a law to protect the confidentiality of reproductive-health professionals and patients. · Colorado enacted a law that improves sex education for young people, marking the seventh year in a row that the state has enacted a pro-choice law. · California and Colorado joined Idaho and Oregon in enacting laws that promote healthy childbearing. · Maryland and Washington improved low-income women’s access to reproductive-health services by expanding eligibility for their state Medicaid family-planning programs. · In November, Mississippi voters rejected a so-called “personhood” ballot measure that would have outlawed abortion and potentially banned common forms of birth control, in vitro fertilization, and stem-cell research. Anti-Choice Attacks · 26 states have enacted 69 anti-choice measures in 2011. · Arizona, Florida, and Kansas enacted the most anti-choice legislation in 2011, with five measures each. · Alabama, Idaho, Indiana, Kansas, and Oklahoma enacted pre-viability bans on abortion care after 20 weeks. · Nine states – Florida, Idaho, Indiana, Kansas, Nebraska, Ohio, Oklahoma, Utah, and Virginia – passed bans on insurance coverage of abortion. · Kansas and Virginia imposed onerous regulations on abortion providers that are intended to shut down all clinics that offer abortion care. · Arizona passed a law that denies charitable tax status to any organization that provides, refers for, or provides coverage of abortion. · Arizona also became the first state in the nation to enact a criminal ban on abortion if the doctor fails to determine that the race or sex of the pregnancy is a factor in the woman’s decision. 2012: A Look Ahead The following analysis illustrates that, as far-reaching as the attacks were in 2011, the choice-related composition of state governments foreshadows the potential for even more attacks in 2012. Currently 19 states have anti-choice governments (the governor and legislature are anti-choice); while another 25 states have mixed-choice governments. Therefore, 44 states have the potential to enact anti-choice measures. NARAL Pro-Choice America examined the 2012 outlook for five key anti-choice trends: Mandatory-Ultrasound Laws - This type of law requires doctors to perform an ultrasound, even if it’s not medically necessary and even against the woman’s will.
- Number of anti-choice or mixed-choice states with ultrasound laws: 8
- Number of additional states that could enact this type of law in 2012: 36
Abortion-Coverage Bans - These laws prohibit insurance companies from selling health-care plans that include abortion coverage.
- Number of anti-choice or mixed-choice states with an abortion-coverage ban: 16
- Number of states that could enact this type of law in 2012: 28
Nebraska Copycat Bans - This type of law bans abortions after 20 weeks without exceptions for women’s health, or pregnancies that result in rape or incest. These laws copy a 2010 Nebraska ban.
- Number of anti-choice or mixed-choice states with a Nebraska copycat ban: 6
- Number of states that could enact this type of law in 2012: 38
Race- and Sex-Selection Bans · This ban criminalizes doctors who fail to determine if race or sex is a factor in a woman’s decision to terminate a pregnancy. · Number of anti-choice or mixed-choice states with a race- or sex-selection ban: 4 · Number of states that could enact this type of law in 2012: 40 Affiliation Bans - This type of law disqualifies abortion provides from receiving state funds for other health services. These bans severely hinder health centers’ efforts to provide even the most basic health care to many.
- Number of anti-choice or mixed-choice states with some kind of affiliation ban: 11
- Number of states that could enact this type of law in 2012: 33
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