NOW - NEW YORK STATE OPPOSE MEMO
S-01868 (Maltese) - The Criminalization of So Called "Partial Birth" Abortions
March 2005 |
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Under the guise of advancing the health interests of pregnant women this legislation criminalizes so called “partial birth” abortions, falsely labeling such procedures as medically unnecessary and unsafe. This bill would criminalize a safe medical procedure as a Class E felony under New York State law and would severely limit a woman’s constitutional right to terminate her pregnancy.
The term “partial birth” abortion is not listed in any medical dictionary. It is a political term used to convince the overwhelmingly pro-choice public to support anti-abortion legislation. The U.S. Supreme Court has consistently held that abortion is a protected right prior to viability and that women’s health must be protected after viability.
Citing an unnamed “prominent medical association,” this piece of legislation argues that so called “partial birth” abortions are not an accepted medical process and are never medically necessary to preserve the health of a woman. This is blatantly untrue. In fact, the American College of Obstetricians and Gynecologists describes abortion procedure bans, such as the one proposed by this legislation, as “… inappropriate, ill-advised and dangerous.” The American Medical Women’s Association also opposes such a ban.
Additionally, medical experts state that the safest method of late pregnancy termination for some women is the intact dilation and extraction (D&X) procedure. Bills that would ban the D&X procedure would place legislators in the unprecedented position of regulating medical decisions and would require doctors to use a less safe method in some cases.
Further, because this bill does not name a specific medical procedure, its definition could potentially eliminate all abortion procedures during all 3 trimesters, thereby putting women's health and lives at risk.
The National Organization for Women- New York State, Inc. strongly urges the New York State Legislature to oppose S-01868 that would place women’s health and constitutional rights at risk.
Marcia A. Pappas, President, NOW-NYS, Inc.
Lori Gardner, Executive VP
Barbara Kirkpatrick, Legislative Vice President
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