Media Should Be Reporting About The Consequences Of A Permanent Hyde Amendment

Senate Approval Would Do More Than Extend This Anti-Choice Funding Rule -- It Would Make It Stricter, And More Harmful Than Ever

Blog ››› ››› SHARON KANN

Anti-choice lawmakers in Congress just voted to make abortion care even more inaccessible in the United States -- and the media should be reporting on the potential consequences of their efforts.

The day after President Donald Trump issued an executive order to reinstate prohibitions on U.S.-funded nongovernmental organizations from even mentioning abortion services to their international patients, 235 Republicans and three Democrats in the House of Representatives voted to further block domestic abortion access by making the Hyde Amendment permanent.

The Hyde Amendment is a longstanding budgetary rider that has barred the use of federal Medicaid funds to cover abortion care, except in cases of rape or incest, or to save the mother’s life. Nevertheless, right-wing media and anti-choice politicians have long called for further action to prevent taxpayers from funding abortions.

If the “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017” (HR 7), now passes the Senate, it would do more than extend the current restriction; it would also make the rule stricter and more harmful than ever. Media should be taking note.

While some outlets such as Cosmopolitan, New York magazine, and Broadly have prominently highlighted HR 7’s negative impacts in their headlines -- emphasizing its disastrous consequences for low-income and already marginalized communities -- outlets like CNN, Fox News, and Buzzfeed have framed their coverage around the argument that the bill would prevent federal abortion funding. Here’s what they’re missing:

1. The Hyde Amendment Would Now Be Permanent (And More Expansive) Law

The Hyde Amendment was passed in 1977 and has since been extended as a budgetary rider to Medicaid appropriations bills. In practice, this has meant the House has had to vote to apply the rider to every funding bill. If HR 7 becomes law, anti-choice politicians would eliminate this step in the process and make the Hyde Amendment an automatic funding restriction that can be reversed only via future legislation.

Plus, as permanent law, the ban would apply to more than just federal Medicaid funds. As Mother Jones explained, HR 7 also prohibits federal funds from contributing to any “health benefit plans that include abortion coverage.” Unlike in previous iterations of the Hyde Amendment, this version creates penalties for even private insurance plans obtained through non-religious companies that cover abortion care.

As the Huffington Post reported:

The bill also provides incentives for private health insurers to drop abortion coverage, bans abortion coverage in multi-state health insurance plans except in cases of rape, incest, or life endangerment, and denies women and small businesses tax credits if they choose health plans that cover abortion.

2. Abortion Providers And Public Facilities Would No Longer Be Able To Support Abortion Services

In addition to targeting insurance coverage for abortion care, HR 7 also prohibits federally owned or operated facilities and federal employees from providing abortion services:

“No health care service furnished—

“(1) by or in a health care facility owned or operated by the Federal Government; or

“(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician’s or individual’s employment, may include abortion.

The impact of the Hyde Amendment has previously been felt by anyone dependent on federally subsidized medical care, including service members or veterans. By expanding the restriction to include prohibitions on federally owned or operated facilities and providers, the bill’s authors have substantially curtailed the number of available care options for these populations. The Guardian explained:

The bill would also convert a slew of existing, provisional bans on abortion coverage into permanent law. These include bans on abortion coverage for women on federal insurance, such as many Native American women, women in the Peace Corps, in federal prisons, or those enrolled in Medicare or the Children’s Health Insurance Program, and prohibit the city of Washington DC from using its own local funds to subsidize abortion services.

3. Low-Income And Marginalized Communities Were Already Disproportionately Impacted

The Hyde Amendment has already created a significant barrier to accessing abortion care for low-income patients and those from marginalized communities. Given the number of economic and logistical barriers patients already face in trying to access abortion, the Hyde Amendment adds an additional and unnecessary complication to what is normally a safe procedure.

In a statement to Refinery29, Destiny Lopez, the president of All* Above All -- a coalition of reproductive rights activists -- explained the dire consequences of HR 7 for low-income patients. She said:

"Already, too many women are denied abortion coverage because of how much they earn: HR 7 is cruel and callous legislation that would make these discriminatory bans permanent law … This is all part of the Trump-Pence agenda to punish women.”

Beyond low-income patients, women of color -- especially black women, Latinas, and American Indians -- suffer a particularly disparate impact from the Hyde Amendment's restrictions.

4. Blocking Abortion Access Doesn’t End Abortion -- It Just Makes It Less Safe

Abortion is one of the safest and most common medical procedures. By making abortion care less accessible, anti-choice lawmakers don’t decrease the number of abortions -- they make abortion care overall less safe.

According to the American College of Obstetricians and Gynecologists, “Where abortion is legal, it is extremely safe. … In contrast, historical and contemporary data show that where abortion is illegal or highly restricted, women resort to unsafe means to end an unwanted pregnancy.”

* Image courtesy of Sarah Wasko

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