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New York State Catholic Conference

465 State Street Albany, New York 12203-1004 Tel. (518) 434-6195 Fax. (518) 434-9796 www.nyscatholic.org info@nyscatholic.org

RICHARD E. BARNES Executive Director

MEMORANDUM OF OPPOSITION
Re: GOVERNORS PROGRAM BILL #9 The Womens Equality Act

The above-referenced legislation was released by the Governor on June 4, 2013. Within the package of ten policy objectives is an unnecessary and harmful expansion of abortion in New York State. Part J of the Womens Equality Act would accomplish the very same goals as the separately ntroduced Reproductive Health Act (S.438) but with fewer words and greater deception. This renders the entire act unacceptable, and we strongly urge you to reject it. Part J of Program Bill # 9 would embed the US Supreme Court decision Roe v. Wade into New York statute, freezing New York law in 1973. This would repeal New Yorks current law which allows abortion through 24 weeks of pregnancy (Article 125 Penal Law), but outlaws abortion after that unless necessary to save a womans life. The Governors bill would insert a broad health exception, interpreted by the courts not to mean serious physical health impairment, but rather, to include age, economic, social or other emotional factors. It is an exception that will permit unlimited late-term abortion on demand in New York State. To suggest that this change simply codifies federal law is disingenuous and misleading. It does not. One need only look to Pennsylvania to see that late-term abortion bans such as New Yorks current law can be enforced when authorities choose to enforce them. There, in addition to murder and manslaughter, Dr. Kermit Gosnell was recently convicted of 21 counts of illegal abortion for performing abortion after the 24-week limit. Part J of this legislation would, in essence, make what is illegal in Pennsylvania, legal in New York. It would make New York a safe haven for late-term abortionists like Gosnell, encouraging them to set up clinics here, without fear of prosecution, to prey upon vulnerable women and children. This invites mistreatment and injustice against women, and is contrary to the stated intent of the Womens Equality Act. The bill would further endanger the lives of women by allowing non-physicians to perform abortions. The repeal of Penal Law Section 125.05(3) within Part J of this bill would remove New Yorks current requirement that only a duly licensed physician may perform an abortion. The Governors bill does not state who would be permitted to perform the procedure, but instead references the Education Law, which gives the State Health Department authority to define scope of practice for health professionals. This cleverly-disguised provision would give the Health Department unlimited and unreviewable authority to determine who could perform

6/10/13

Governors Program Bill #9 The Womens Equality Act

abortions in New York. Such a dangerous and extreme change clearly puts women's health at risk, and mirrors a national abortion strategy to permit non-doctors to perform abortions due to the declining number of physicians willing to do so. In addition, the bill would permit abortion of any unborn child who is not viable for any reason, at any time in a womans pregnancy. But unlike the previous Reproductive Health Act, Program Bill #9 does not define viability, leaving it to the sole discretion of the abortionist doctor or non-doctor to determine if the child could survive outside the womb. This bill would then give the abortionist the authority to perform an abortion at any time during the pregnancy, right up to the delivery date of the child. Such sweeping changes to New Yorks abortion laws are completely unnecessary and defy common sense. New York State remains the abortion capital of the nation with the highest abortion rate of any state. New York Citys abortion rate remains at 40%, with some geographic regions within the city at 60%. The reality is, sadly, that no woman is without ample opportunity for an abortion in New York State. Rather than voting on a bill that will increase the tragedy of abortion for both women and children, we urge policy makers to look at constructive ways to reduce abortion and truly make abortion rare. We strongly urge you to reject Part J of the Womens Equalit y Act.

6/10/13

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