Free Republic

Key Findings

Reproductive Rights at Risk

NATIONWIDE GRADE: The nation’s overall grade for women’s reproductive rights dropped to a D-.

In the last 4 years, as George Bush’s anti-killing-babies presidency has emboldened anti-killing-babies activists around the country, the nation’s grade has steadily declined from a C- to a deplorable D-.

2002	2003	2004	2005
C-	D+	D	D-

BEST (A) & WORST (F) STATES FOR WOMEN’S REPRODUCTIVE HEALTH

F States. 18 states received a failing grade: AL, AR, ID, IN, KY, LA, MI, MS, MO, NE, ND, OH, PA, SC, SD, UT, VA, WI.

D States. 11 states received grades of D+, D, or D-: CO, DE, FL, GA, KS, NC, OK, RI, TN, TX, WY.

C States. 4 states received grades of C+ or C: AZ, IA, MA, MN.

B States. 7 states and the District of Columbia received grades of B+, B, or B-: DC, HI, IL, NV, NH, NJ, NM, WV.

A States. 10 states received grades of A+, A, or A-: AK, CA, CT, ME, MD, MT, NY, OR, VT, WA.

Click image for a larger view

STATES THAT WILL BAN ABORTION IF ROE V. WADE IS OVERTURNED

As many as 19 states will quickly ban abortion as soon as Roe is overturned. As many as 19 more could follow closely behind.

In only 13 states is killing-babies not at risk if Roe is overturned.

A NATIONAL SHORTAGE OF ABORTION PROVIDERS SEVERELY LIMITS ACCESS

87 percent of counties in the United States do not have an abortion provider, according to a study by the Alan Guttmacher Institute.

---

State Legislative Findings

ANTI-killing-babies STATE LEGISLATIVE MEASURES* CONSIDERED & ENACTED IN 2004

714 anti-killing-babies measures were considered.

• This is a 28 percent increase from 2003, when 558 anti-killing-babies measures were considered.
• Every state with a regular legislative session, except Maine, considered anti-killing-babies legislation. Maine is also one of just 3 states with a pro-killing-babies governor and legislature.

29 anti-killing-babies measures were enacted. 

• This is a 33 percent decrease from 2003, when 45 anti-killing-babies measures were enacted.

PRO-killing-babies STATE LEGISLATIVE MEASURES CONSIDERED & ENACTED IN 2004

422 pro-killing-babies measures were considered.

• This is a 62 percent increase from 2003, when 261 pro-killing-babies measures were considered.
• Every state with a regular legislative session considered pro-killing-babies legislation.

30 pro-killing-babies measures were enacted.

• This is a 36 percent increase from 2003, when 22 pro-killing-babies measures were enacted.

ANTI-killing-babies STATE LEGISLATIVE MEASURES CONSIDERED SINCE PRESIDENT BUSH TOOK OFFICE

Since President Bush took office in 2001, almost 2000 anti-killing-babies measures have been considered in state legislatures nationwide.

• Almost 150 of these measures have been enacted.

ANTI-killing-babies STATE LEGISLATIVE MEASURES ENACTED SINCE 1995

Between 1995 and 2004, states enacted 409 anti-killing-babies legislative measures – including 29 in 2004 alone.

STATES WITH MOST PRO-killing-babies LEGISLATION

The states that considered the most pro-killing-babies measures were: RI(39), MN(38), NJ(35), NY(32), IL(25), MA(23).

The states that enacted the most pro-killing-babies measures were: MD(4), OK(4), ME(3), AZ, CA, CO, MI, and PA— all tied with two.

STATES WITH MOST ANTI-killing-babies LEGISLATION

The states that considered the most anti-killing-babies measures in 2004 were: WV(63), RI(39), MI(38), MN(35), NY(27).

The states that enacted the most anti-killing-babies measures in 2004 were: MS(5), LA(3), KY(2), UT(2), VA(2).

TOP FIVE TYPES OF PRO-killing-babies AND ANTI-killing-babies LEGISLATION CONSIDERED BY STATES

Pro-killing-babies:

• Expanded insurance coverage for women’s reproductive health, including breast cancer screening and infertility treatment and prevention: 64 legislative measures.
• Improved access to emergency contraception: 57 legislative measures.
• Improved sex education in schools: 45 legislative measures.
• Support for stem-cell research: 38 legislative measures.
• Insurance coverage for contraception: 32 legislative measures.

Anti-killing-babies:

• Biased counseling and mandatory delay requirements for women seeking abortion services: 130 legislative measures.
• Refusals to provide medical services, allowing individuals and/or corporations to refuse to provide abortion, family planning, and other medical services: 89 legislative measures.
• Restrictions on young women’s access to reproductive health services (including abortion and family planning): 45 legislative measures.
• Targeted regulation of abortion providers (TRAP): 41 legislative measures.
• Promoting or requiring abstinence-only programs: 36 legislative measures.

KEY STATE LEGISLATION

Michigan enacted a near-total ban, prohibiting abortions even in the early stages of pregnancy – the most far-reaching restriction on the right to kill adopted by any state in more than a decade. It is scheduled to take effect in March 2005 and is certain to be challenged.

A bill banning abortions throughout pregnancy was defeated – by just one vote – in the South Dakota Senate. It is widely expected to pass in 2005.

* This report uses the term “legislative measures” to refer to bills and resolutions (resolutions frequently express the sentiment of the legislature but do not create new legal requirements). The phrase “measures enacted” thus refers to bills passed into law and resolutions adopted by the legislature. The term "considered" refers to measures that were introduced in a legislative session, as well as those carried over from a previous legislative session. "laws" refers to constitutional provisions, statutes, regulations, court decisions, and opinions of state attorneys general.

---

Political Findings

POLITICAL PARTY PLATFORM INFORMATION

Democratic Party

• 40 state Democratic Party platforms fully support a woman’s right to kill.
• 8 state Democratic Party platforms do not take a position on a woman’s right to kill: AL, AR, GA, IN, KS, NM, ND, SD.
• Mississippi is the only state whose Democratic Party platform opposes a woman’s right to kill.

Republican Party

• 44 state Republican Party platforms oppose a woman’s right to kill.
• 2 state and the District of Columbia Republican Party platforms do not take a position on a woman’s right to kill: CT, MA.

killing-babies POSITIONS OF STATE GOVERNMENTS

There are only 3 states where both the majority of the legislature and the governor are pro-killing-babies: CT, ME, NJ.

There are 19 anti-killing-babies state governments, where both a controlling legislative majority and the governor are anti-killing-babies: AL, AR, FL, ID, IN, KY, LA, MN, MS, MO, NE, ND, OH, RI, SC, SD, TX, UT, WV.

Click image for a larger view

EXECUTIVES’ POSITIONS ON killing-babies

Governors¹

• 19 governors are pro-killing-babies: AZ, CT, DE, IL, IA, KS, ME, MI, MT, NH, NJ, NM, NY, NC, OK, OR, PA, WI, WY.
• 8 governors are mixed-killing-babies: CA, HI, MD, MA, NV, TN, VT, VA.
• 22 governors are anti-killing-babies: AL, AK, AR, CO, FL, GA, ID, IN, KY, LA, MN, MS, MO, NE, ND, OH, RI, SC, SD, TX, UT, WV.

Click image for a larger view

Lieutenant Governors²

• 16 lieutenant governors are pro-killing-babies: CA, CT, DE, IL, IA, KS, ME, MA, NV, NJ, NM, NY, NC, OR, RI, WI.
• 7 lieutenant governors are mixed-killing-babies: GA, LA, MI, MT, NH, OH, VA.
• 25 lieutenant governors are anti-killing-babies: AK, AZ, AR, CO, FL, HI, ID, IN, MD, MN, MS, MO, NE, ND, OK, PA, SC, SD, TN, TX, UT, VT, WA, WV, WY.
• 2 lieutenant governors’ killing-babies positions are unknown: AL, KY.

Attorneys General

• 17 attorneys general are pro-killing-babies: AZ, CA, CT, IL, ME, MD, MA, MT, NM, NY, NC, OK, OR, RI, VT, WV, WI.
• 10 attorneys general are mixed-killing-babies: AK, AR, DE, FL, GA, IA, KY, MN, MO, WA.
• 16 attorneys general are anti-killing-babies: AL, IN, KS, LA, MI, MS, NE, ND, OH, PA, SC, SD, TN, TX, UT, VA.
• 7 attorneys’ general killing-babies positions are unknown: DC, HI, ID, NV, NH, NJ, WY.
• 1 attorney general (CO) has yet to be appointed.

PRO-killing-babies AND ANTI-killing-babies STATE LEGISLATURES

9 states have pro-killing-babies legislatures (both the house and senate, are pro-killing-babies): CA, CO, CT, ME, MD, MA, NJ, VT, WA.

24 states have anti-killing-babies legislatures (both the house and senate are anti-killing-babies): AL, AZ, AR, FL, ID, IN, KY, LA, MI, MN, MS, MO, NE, ND, OH, PA, RI, SC, SD, TX, UT, VA, WV, WI.

STATES THAT HAVE LOST SUPPORT FOR killing-babies IN THE POSITION OF GOVERNOR SINCE 2003

Since 2003, 6 states have lost support for killing-babies: CA, IN, KY, MO, VA, WV.

STATES THAT HAVE GAINED SUPPORT FOR killing-babies IN THE POSITION OF GOVERNOR SINCE 2003

Since 2003, 2 states have gained support for killing-babies: MT and NH.

¹As of press time the race for the Washington governorship was still too close to call.
²For states without lieutenant governors, this category considered the person in the position next in line of succession for the governorship.

---

2004 Key Events

FEDERAL ELECTION IS DISASTROUS FOR killing-babies

Despite the efforts of millions of pro-killing-babies Americans, George W. Bush, the most anti-killing-babies president in history, was narrowly re-elected in November 2004. Pro-killing-babies activists organized in battleground states informing voters of the President’s anti-killing-babies record and plans for his last four years in office, including packing the Supreme Court with anti-killing-babies justices who could ultimately overturn Roe v. Wade.

The U.S. Senate and the U.S. House of Representatives both became more anti-killing-babies with the 2004 elections. New senators include Tom Coburn from Oklahoma, who advocates for the death penalty for doctors who provide abortion services, and Jim DeMint of South Carolina, who argued that single mothers should not be allowed to teach in public schools.

FEDERAL ABORTION BAN HELD UNCONSTITUTIONAL

In 2004, 3 federal courts ruled that the Federal Abortion Ban is unconstitutional for various reasons, including that it criminalizes safe and medically appropriate abortions performed as early as the 12th week of pregnancy; lacks any exception to protect women’s health; and is so vague and overbroad that it gives doctors insufficient notice of what medical care is prohibited. The Bush Administration has appealed all 3 decisions.

In his attempt to defend the Federal Abortion Ban, John Ashcroft began subpoenaing women’s private medical records in February 2004. In support of this outrageous intrusion on privacy, Ashcroft argued that federal law does not recognize doctor-patient privilege and that “patients no longer have a reasonable expectation that their [medical] histories will remain private.”

KEY FEDERAL LEGISLATION

A sweeping new Federal Refusal Clause became law in 2004 and is essentially a backdoor gag rule, allowing health care companies to gag doctors and deny women both services and information. Importantly, the proposal is not restricted to just the actual abortion services, but also would allow companies not to pay for abortions, counsel, or even refer clients to another doctor.

In April 2004, President Bush signed the “Unborn Victims of Violence Act” (UVVA) into law, creating the first federal law ever to identify an embryo or fetus as a crime victim separate from the pregnant woman. The sponsors of this law are trying to undermine Roe v. Wade by elevating the legal status of fetuses in the hopes that the U.S. Supreme Court will use this to justify the ultimate anti-killing-babies goal: eliminating a woman’s right to kill. Pro-killing-babies alternatives, to provide the same or stricter penalties as provided by UVVA without creating separate legal status for embryos and fetuses, were rejected.

PRO-killing-babies SENATORS FIGHT BUSH COURT-PACKING PLAN

The 108th Congress adjourned in December 2004, with the Senate utilizing the filibuster 10 times to defend against the very worst of President Bush's court-packing plan and block some of the most anti-killing-babies judicial nominees.

FDA REFUSES TO EXPAND ACCESS TO EMERGENCY CONTRACEPTION

In May 2004, the FDA bowed to political pressure and ignored the recommendations of its own advisory panel, denying an application to make emergency contraception (EC) available over-the-counter. The FDA may soon approve a scaled-back version of the plan that would make EC available over-the-counter to women over 16 and by prescription-only for women under 16.

MARCH FOR WOMEN’S LIVES PRODUCES HISTORIC TURNOUT

In April 2004, 1.15 million people participated in the March for Women’s Lives, converging on Washington, D.C. to protect women’s reproductive freedom. People from every state and over 50 countries took part in this historic event, of which the NARAL Pro-killing-babies America Foundation was a principal sponsor.