Fact: 87\% of the counties in the United States now have no abortion provider.

Fact: Prior to the Roe v. Wade decision in 1973, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the risk of unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. Before Roe, it is estimated that thousands of women died annually in the United States as a result of illegal abortions.

Fact: In countries in which abortion remains illegal, the risk of maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy-related deaths occurring annually around the world, 80,000 are associated with unsafe abortions.

Fact: Restrictions on the right to choose imposed by Congress and State legislatures have made access to abortion care extremely difficult, if not impossible, for many women across the country.

Fact: South Dakota and Louisiana have already passed abortion bans; Ohio has considered one as well, and eleven other states have consideredstatewide abortion bans of their own during this year's legislative session.

Fact: In the majority of state legislatures and Congress, anti-choice lawmakers have passed unconstitutional laws that would ban safe and medically appropriate abortion as early as the 12th week in pregnancy.

Fact: In 2003, President Bush signed the Federal Abortion Ban, which outlaws safe and medically appropriate abortion care. The law is unconstitutional and is already being challenged in three federal courts because it bans procedures as early as 12 weeks and has no exception to protect women's health. Medical and physician organizations oppose the law. InJune 2006, the U.S. Supreme Court agreed for the second time to consider the constitutionality of the Federal Abortion Ban.

Enough is enough.

It's time, now more than ever, for us to lift our voices to make sure that every woman across our country is protected by the federal government to make decisions over her own body.

It's time to guarantee women's reproductive freedom in every state in the nation-- to protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy.

Abortions should not be prohibited in public hospitals, and there should be safe, affordable abortion options for women serving in the military overseas. Poor women should be guaranteed access to Medicaid funding for abortions and reproductive services.

The Freedom of Choice Act (H.R. 5151/S.2593), first introduced two years ago by Sen. Barbara Boxer (D-CA) and Jerrold Nadler (D-NY), would accomplish all of this by codifying the landmark Roe v. Wade Supreme Court decision protecting reproductive rights. Rep. Maurice Hinchey is a co-sponsor, along with Senators Schumer, Cantwell, Feinstein, Jeffords, Lautenberg, Lieberman, Menendez, Mikulski, Murray, Sarbanes, and Stabenow, and sixty other members of the House of Representatives (note-- not Kelly or Sweeney).

Sign this petition-- and pass it along to all you know.

Call Congress toll-free at (888) 355-3588.

Joel Tyner
Dutchess County Legislator (Clinton/Rhinebeck)
Democratic Candidate for NYS Assembly, 102nd A.D.
324 Browns Pond Road
Staatsburg, NY 12580
joeltyner@earthlink.net
(845) 876-2488

[see PlannedParenthood.org, NOW.org, SaveRoe.com for more on this; note as well-- much of above is from text of bill below and this website:
ProChoiceAmerica.org/Issues/Abortion/Abortion-Bans/Index.html]

------------------------------------

Text of Freedom of Choice Act

[re-introduced by Boxer and Nadler on April 6th this year]

To protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Freedom of Choice Act' .

SEC. 2. FINDINGS.

Congress finds the following:

(1) The United States was founded on core principles, such as liberty, personal privacy, and equality, which ensure that individuals are free to make their most intimate decisions without governmental interference and discrimination.

(2) One of the most private and difficult decisions an individual makes is whether to begin, prevent, continue, or terminate a pregnancy. Those reproductive health decisions are best made by women, in consultation with their loved ones and health care providers.

(3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 U.S. 179), the Supreme Court recognized that the right to privacy protected by the Constitution encompasses the right of every woman to weigh the personal, moral, and religious considerations involved in deciding whether to begin, prevent, continue, or terminate a pregnancy.

(4) The Roe v. Wade decision carefully balances the rights of women to make important reproductive decisions with the State's interest in potential life. Under Roe v. Wade and Doe v. Bolton, the right to privacy protects a woman's decision to choose to terminate her pregnancy prior to fetal viability, with the State permitted to ban abortion after fetal viability except when necessary to protect a woman's life or health.

(5) These decisions have protected the health and lives of women in the United States. Prior to the Roe v. Wade decision in 1973, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the risk of unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. Before Roe, it is estimated that thousands of women died annually in the United States as a result of illegal abortions.

(6) In countries in which abortion remains illegal, the risk of maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy-related deaths occurring annually around the world, 80,000 are associated with unsafe abortions.

(7) The Roe v. Wade decision also expanded the opportunities for women to participate equally in society. In 1992, in Planned Parenthood v. Casey (505 U.S. 833), the Supreme Court observed that, `[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.'.

(8) Even though the Roe v. Wade decision has stood for more than 30 years, there are increasing threats to reproductive health and freedom emerging from all branches and levels of government. In 2006, South Dakota became the first State in more than 15 years to enact a ban on abortion in nearly all circumstances. Supporters of this ban have admitted it is an attempt to directly challenge Roe in the courts. Other States are considering similar bans.

(9) Legal and practical barriers to the full range of reproductive services endanger women's health and lives. Incremental restrictions on the right to choose imposed by Congress and State legislatures have made access to abortion care extremely difficult, if not impossible, for many women across the country. Currently, 87 percent of the counties in the United States have no abortion provider.

(10) While abortion should remain safe and legal, women should also have more meaningful access to family planning services that prevent unintended pregnancies, thereby reducing the need for abortion.

(11) To guarantee the protections of Roe v. Wade, Federal legislation is necessary.

(12) Although Congress may not create constitutional rights without amending the Constitution, Congress may, where authorized by its enumerated powers and not prohibited by the Constitution, enact legislation to create and secure statutory rights in areas of legitimate national concern.

(13) Congress has the affirmative power under section 8 of article I of the Constitution and section 5 of the 14th amendment to the Constitution to enact legislation to facilitate interstate commerce and to prevent State interference with interstate commerce, liberty, or equal protection of the laws.

(14) Federal protection of a woman's right to choose to prevent or terminate a pregnancy falls within this affirmative power of Congress, in part, because--

(A) many women cross State lines to obtain abortions and many more would be forced to do so absent a constitutional right or Federal protection;

(B) reproductive health clinics are commercial actors that regularly purchase medicine, medical equipment, and other necessary supplies from out-of -State suppliers; and

(C) reproductive health clinics employ doctors, nurses, and other personnel who travel across State lines in order to provide reproductive health services to patients.

SEC. 3. DEFINITIONS.

In this Act :

(1) GOVERNMENT- The term `government' includes a branch, department, agency, instrumentality, or official (or other individual acting under color of law) of the United States, a State, or a subdivision of a State.

(2) STATE- The term `State' means each of the States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States.

(3) VIABILITY- The term `viability' means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman.

SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.

(a) Statement of Policy- It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman.

(b) Prohibition of Interference- A government may not--

(1) deny or interfere with a woman's right to choose--

(A) to bear a child;

(B) to terminate a pregnancy prior to viability; or

(C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or

(2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information.

(c) Civil Action- An individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action.

SEC. 5. SEVERABILITY.

If any provision of this Act , or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act , or the application of such provision to persons or circumstances other than those as to which the provision is held to be unconstitutional, shall not be affected thereby.

SEC. 6. RETROACTIVE EFFECT.

This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.

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"Reproductive Freedom 101" by Michael Schwalbe
[CommonDreams.org/views06/0411-34.htm]

Thirty years ago I learned the basic lessons that shaped my views on abortion. What I came to understand back then is that abortion is an essential right for women. But since that time, the anti-choice movement has stigmatized abortion so badly that many pro-choice people fail to defend it. The basic lessons about abortion are thus not being effectively passed on to the next generation. With the battle for women's reproductive freedom moving into a new phase of intensity, now seems like a good time for a review.

Lesson One: a woman is a person; a zygote or a fetus is not. To be a person is to be self-conscious and to be able to think, feel, hope, and dream. These are the capabilities that make us human and that give us claim to rights and protections not extended to plants and animals. Women have these capabilities; zygotes and fetuses do not. Which is why most sensible people (two-thirds to three-fourths of Americans, according to polls) agree that the health and well-being of a woman should take priority over the preservation of tissue that might someday be a human being.

The counter-claim that "life begins at conception" and that a fertilized egg is thus morally equivalent to a person is merely the expression of a peculiar religious belief, one that flies in the face of science, common sense, and other religious belief. If some people want to use this belief to guide their own choices, that's fine. But in a diverse, secular society such a belief should not be the basis for public policy. There is little hope of changing the minds of people who for religious reasons believe that fetuses have rights that trump those of grown women. It is worth pointing out, however, that a belief in fetal personhood does not necessarily preclude abortion. One can imagine a fetus to deserve the same moral consideration as a person, and yet argue that the state has no legitimate right to force a woman -- at risk to her physical and mental health, and with potentially life-altering consequences -- to use her body to provide someone else with nine months of life support. Judith Jarvis Thomson's essay, "A Defense of Abortion," is the classic statement of this view.

Lesson Two: if legal abortion is not available, women will have illegal and unsafe abortions, and many women will die as a result. Women have always sought to exercise sovereignty over their bodies, their sexuality, and their reproduction. This has included, and always will, the termination of unwanted pregnancies. When abortion is legal and performed by trained medical personnel, the procedure is safer than pregnancy and childbirth. When it is illegal and improperly performed, it can be extremely dangerous.

In pre-Roe days, an estimated 1.2 million illegal abortions were performed every year in the United States. An estimated 5,000 women per year died because many of those abortions were not competently performed under medically safe conditions. Today, researchers at the Alan Guttmacher Institute estimate that 80,000 women die annually, worldwide, from botched abortions in countries where the procedure is illegal. So just to be clear about the implications of Lesson Two: if Roe is overturned and abortion is outlawed, thousands of women will die as a result.

Lesson Three: No form of contraception, no matter how responsibly used, is 100\% effective. Abortion must therefore be available as an option. The alternative is to say that once a zygote forms, a woman loses her right to decide whether to bear a child. Some religious fundamentalists, who believe that pregnancy is the price that must be paid for the sin of having sex, embrace this sort of primitive patriarchal ideology. Fortunately, a majority of Americans don't, and it would be good if more of them said so.

For anyone who believes in choice and yet has qualms about abortion, let me add Lesson Three, Part Two: reducing the number of abortions depends on young women at all income levels everywhere having access to comprehensive sex education and affordable, effective birth control. So if you want to reduce the number of abortions, resist the efforts of anti-choicers to undermine comprehensive sex education programs and to restrict the availability of birth control.

Lesson Four: pregnancy, birth, and child-rearing are fraught with far greater costs for women than for men. Although modern medicine has greatly reduced the health risks of pregnancy and childbirth, those risks are not negligible and are still borne entirely by women. It is women who suffer months of nausea and discomfort during pregnancy, as well as the pain of childbirth. It is women who are likely to suffer far greater emotional fallout from carrying and bearing a child. And, in a sexist society, it remains too easy for a man to evade the responsibilities of parenthood, while those responsibilities befall a mother for a lifetime.

What Lesson Four implies is that the choice to bear or not bear a child should ultimately be in the hands of the pregnant woman, because the stakes for her are enormous. Others can second-guess a woman's decision, but it's not those others whose health and lives are on the line in the same way. And so the proper role of others is to provide advice and support. The proper role of legislators, presuming they have an ounce of compassion, value individual freedom, and are not dedicated to preserving male supremacy, is to ensure that the conditions exist for women to make choices about reproduction.

Lesson Five: without reproductive freedom, including the right to abortion and access to safe abortion, women will never achieve equality with men. If women are forced to be mothers, they can't compete as equals with men who need not worry that pregnancy, or the obligation to care for a child, will impede their striving for success in work and politics. But impeding women's ability to compete with men is only part of the problem. Anti-abortion laws also send a message about the inferiority of women as a group.

Men presume themselves fit to make decisions that have life-and-death consequences for millions of people -- decisions about economic policy, agricultural policy, health policy, and war. Anti-abortion laws imply that women, in contrast to men, are not capable of making wise decisions in matters related to life and death. Laws that limit women's reproductive freedom thus reinforce the patriarchal view that women are not men's equals when it comes to dealing with the vital affairs of society and the world. In this archaic view, it is best if women stick to making babies, rather than making laws and history. In the thirty years since I learned these basic lessons, I've learned some other things. One is that many anti-choicers lie outrageously. They lie about abortion being unsafe, and about abortion causing breast cancer and depression. They lie when they lure desperate and vulnerable young women to mislabeled "crisis pregnancy centers," where those women are emotionally manipulated and propagandized into carrying unwanted pregnancies to full term. They lie when they say they care about women's well-being, because genuine caring would mean respecting women's moral autonomy by telling the truth.

I've learned that in a patriarchal society women suffer from a lack of control over their lives, and that reproductive freedom reduces women's suffering by expanding that control. This is not just plausible theory. It's what is shown by the bulk of serious psychological research on the consequences that follow when women exercise their right to choose. I've learned about the high rates of sexual assault and sexual coercion in U.S. society. Victimization studies have found that the rate of rape and attempted rape among college women in the U.S. is about 28 per thousand. Which means that on a campus with 10,000 undergraduate women, there could be as many as 280 rapes and attempted rapes occurring each year. Under these conditions, any policy or practice that limits women's access to contraception and abortion is cruel and morally irresponsible. I've also learned that if women, like members of any oppressed group, do not stick together, they can be deprived of one right, one freedom, after another. When middle-class and upper-middle-class women do not defend public funding of abortions for low-income women, they are one step closer to losing their own reproductive freedom. When some women say, "I believe in choice, but /I/ wouldn't have an abortion," they make it harder for other women to choose abortion without being stigmatized. When women in liberal states do not defend the rights of women in regressive states like South Dakota and Mississippi, the rights of women everywhere are on shakier ground.

Women's freedom is likewise at greater risk when men who claim to believe in gender equality remain silent because they think abortion is only a women's issue.

Barbara Boxer (D-CA) and Jerrold Nadler (D-NY) have recently introduced the Freedom of Choice Act in both houses of Congress. This Act would guarantee women's reproductive freedom in every state in the nation. People who believe in choice need to speak up in support of this legislation. Sometimes all you need are the basics to know what's right.

[Michael Schwalbe (MLSchwalbe@nc.rr.com) is a professor of sociology at North Carolina State University.]