Respect Life
Summary
In April 2007, former Governor Eliot Spitzer submitted a Program Bill entitled the “Reproductive Health and Privacy Protection Act.” This bill would establish a “fundamental right to privacy” in New York statute to guarantee that abortion is protected and available. In the words of the former Governor, the bill would “ensure that New York’s women have the same or stronger reproductive rights as those currently afforded under Roe (v Wade).” Essentially the same bill was reintroduced in the 2011-2012 Legislative Session as S.2844 (Stewart-Cousins)/A.6112 (Glick), the “Reproductive Health Act,” and is supported by Governor Andrew Cuomo.
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Legislation is encouraged which would positively promote ethical adult stem cell research and prohibit embryonic stem cell research and human cloning.
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In June 2004 the New York Court of Appeals struck down New York’s death penalty statute, holding it unconstitutional under the New York State Constitution. In October 2007 the Court affirmed that ruling, and the last remaining death sentence in the state was vacated. Thus, New York State may not impose the death penalty at the current time.
However, a more long-term solution continues to be needed to ensure that the death penalty is repealed from the statutes of New York State. In December 2007, New Jersey became the first state in the nation to legislatively abolish capital punishment, followed by New Mexico in 2009 and Illinois in 2011. New York State should follow their lead.
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New York’s current law prohibits the practice of physician-assisted suicide, wherein doctors prescribe lethal doses of drugs to end the lives of terminally ill patients who wish to die. Three health care professionals and three terminally ill persons unsuccessfully challenged this law (NYS Penal Law Sections 125.15(3) and 120.30) in 1994.
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This legislation would prohibit the assault or homicide of an unborn child during the commission of a crime against the mother. (A.1673 Cusick/S.4347 Ritchie)
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Legislative proposals in New York State historically do one of two things: either they a) amend the state’s Social Services Law to delete most abortion and abortion-related services from those which can be funded under the medical assistance (Medicaid) program, or they b) amend the annual state budget to prohibit the use of Medicaid dollars within the state fiscal year budget from funding abortions.
Exceptions are included in these proposals which allow funding for abortions in cases of reported rape, incest, or endangerment of the mother’s life.
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This legislation would ban all post-viability abortions except those necessary to save the life of the mother or protect the mother from a serious physical injury involving irreversible impairment of major bodily function. The bill would require that before an abortion is performed on a woman who is twenty or more weeks pregnant, the physician must test for viability, and if the unborn child is determined able to survive outside the womb, no abortion could be performed.
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This proposal would increase state support for initiatives to promote adoption as a positive alternative to abortion. The legislation would include several elements:
- A public relations campaign to educate the public and clients of social service agencies regarding the availability and attractiveness of adoption as an alternative for an unplanned or crisis pregnancy, and to recruit more adoptive parents. A major component of this campaign would be an increased emphasis on promoting the adoption of special needs children.
- Financial support for adoptive parents and their children through tax relief and expanded eligibility for health insurance.
- Financial support for the Maternity and Early Childhood Foundation, and for private agencies that promote adoption.
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This legislation (A.2244 Rabbitt) would require physicians to provide women considering abortion with information concerning the risks of abortion, alternatives to the procedure and the gestational age and development of their unborn child. It would then give women sufficient time to reflect on the decision, weigh their options and give voluntary, knowledgeable and informed consent to the procedure. Because the so-called “morning-after pill,” or “emergency contraception,” is now widely available, informed consent should also be required for women considering its use.
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This bill would require 48 hours notice to one custodial parent prior to abortions performed on unemancipated children under age 18, or, in the alternative, a family court waiver of parental notification. (A.2128 Reilich/S.4028 Zeldin)
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