The Rules Committee introduced S5829, and Senator Stewart-Cousins introduced S6045. These two bills contain similar wording, with one introduced by the Republican controlled Rules Committee and the other by a Democratic Senator.

Rev. Jason McGuire, with New Yorkers for Constitutional Freedoms (NYCF), calls the bill “heinous.”  He notes that “coupled with the administration’s embryonic stem cell research initiative – the bill effectively declares war on the unborn.”

The RHAPP bill would allow abortion to remain legal in New York State with virtually no restrictions placed on a woman’s “right” to an abortion.

 An analysis of the bill reveals:

1.  The bill establishes a fundamental right to have an abortion.

“The legislature declares that every individual has a fundamental right to privacy with respect to certain reproductive decisions.

Accordingly, it is the public policy of the state of New York that:

1.  Every individual has the fundamental right to choose or refuse contraception.

2. Every female has the fundamental right to determine the course of her pregnancy, which includes the right to bear a child or to terminate her pregnancy.”

Abortion on demand would be the official public policy of New York State and makes equally valid a woman’s decision to carry a child to full-term or to end the unborn child’s life. 

2.  The bill removes existing restriction on abortions, including:

      -NYS Public Health Law: Section 238.11 Definitions 

This would mean that anyone licensed in the health care industry could legally perform an abortion. The standards for women’s health are actually lowered by this legislative language.

The term “health” has been interpreted very broadly by the courts to include   mental and emotional – not strictly physical health.

3.  The bill prohibits pro-life legislation.

          “The state shall not deny, regulate or restrict the rights set forth …in any law, ordinance, regulation, or policy…” (Section 1202:1)

The Legislature is considering a number of bills that would put some restraints on abortion, such as:  a ban on partial birth abortion (A3566); informed consent (S6645 and A5720); fetal pain (S3264 and A4430); a 24 hour waiting period (A5720); protections for unborn victims of violence (S3117 and A577); a conscience clause to protect medical providers from discrimination (S6644); and parental notification (S4431, A3217, and A2560).  Every one of these bills would be in direct conflict with and could not stand under RHAPP.

Both sides of the pro-life/pro-choice debate acknowledge that abortion is too common.  On January 24, 2005, Senator Hillary Clinton stated to the NYS Family Planning Providers, “Abortion should be safe, legal and rare.”  This phrase was the official policy of her husband’s presidency and is commonly expressed by pro-choice advocates.

Rare is not a description of what is happening.  Currently, approximately 1.2 million abortions are performed in the United States each year (New York Times, Jan.18, 2008 “Decline in Number of Abortions”) with 10% taking place in the State of New York. This means that approximately 120,000 abortions are performed in New York State each year (statehealthfacts.org) . This bill would do nothing to reduce these numbers; it would likely increase the number of abortions in New York State.