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HHS Moves to Define Contraception as Abortion

Posted: 07/15/08 03:24 PM ET

In a spectacular act of complicity with the religious right, the Department of Health and Human Services Monday released a proposal that allows any federal grant recipient to obstruct a woman's access to contraception. In order to do this, the Department is attempting to redefine many forms of contraception, the birth control 40% of Americans use, as abortion. Doing so protects extremists under the Weldon and Church amendments. Those laws prohibit federal grant recipients from requiring employees to help provide or refer for abortion services. In the "Definitions" section of the HHS proposal it states,

"Abortion: An abortion is the termination of a pregnancy. There are two commonly held views on the question of when a pregnancy begins. Some consider a pregnancy to begin at conception (that is, the fertilization of the egg by the sperm), while others consider it to begin with implantation (when the embryo implants in the lining of the uterus). A 2001 Zogby International American Values poll revealed that 49% of Americans believe that human life begins at conception. Presumably many who hold this belief think that any action that destroys human life after conception is the termination of a pregnancy, and so would be included in their definition of the term "abortion." Those who believe pregnancy begins at implantation believe the term "abortion" only includes the destruction of a human being after it has implanted in the lining of the uterus."

The proposal continues,

"Both definitions of pregnancy inform medical practice. Some medical authorities, like the American Medical Association and the British Medical Association, have defined the term "established pregnancy" as occurring after implantation. Other medical authorities present different definitions. Stedman's Medical Dictionary, for example, defines pregnancy as "[t]he state of a female after conception and until the termination of the gestation." Dorland's Medical Dictionary defines pregnancy, in relevant part, as "the condition of having a developing embryo or fetus in the body, after union of an oocyte and spermatozoon."

Up until now, the federal government followed the definition of pregnancy accepted by the American Medical Association and our nation's pregnancy experts, the American College of Obstetricians and Gynecologists, which is: pregnancy begins at implantation. With this proposal, however, HHS is dismissing medical experts and opting instead to accept a definition of pregnancy based on polling data. It now claims that pregnancy begins at some biologically unknowable moment (there's no test to determine if a woman's egg has been fertilized). Under these new standards there would be no way for a woman to prove she's not pregnant. Thus, any woman could be denied contraception under HHS' new science.

The other rarely discussed issue here is whether hormonal contraception even does what the religious right claims. There is no scientific evidence that hormonal methods of birth control can prevent a fertilized egg from implanting in the womb. This argument is the basis upon which the religious right hopes to include the 40% of the birth control methods Americans use, such as the pill, the patch, the shot, the ring, the IUD, and emergency contraception, under the classification "abortion." Even the "pro-life" movement's most respected physicians cautioned the movement about making these claims. In 1999, the physicians -- who, like the movement at large, define pregnancy as beginning at fertilization-- released an open letter to community stating:

"Recently, some special interest groups have claimed, without providing any scientific rationale, that some methods of contraception may have an abortifacient effect...The 'hormonal contraception is abortifacient' theory is not established fact. It is speculation, and the discussion presented here suggests it is error...if a family, weighing all the factors affecting their own circumstances, decides to use this modality, we are confident that they are not using an abortifacient."

As the HHS proposal proves, the absence of fact or evidence does not slow anti-abortion movement attempts to classify hormonal contraception as abortion. With HHS' proposal they have struck gold. Anyone working for a federal clinic, or a health center that receives federal funding -- even in the form of Medicaid -- and would like to prevent a woman from accessing most prescription birth control methods has federal protection to do so. As the HHS proposal details,

"Because the statutes that would be enforced through this regulation seek, in part, to protect individuals and institutions from suffering discrimination on the basis of conscience, the conscience of the individual or institution should be paramount in determining what constitutes abortion, within the bounds of reason. As discussed above, both definitions of pregnancy are reasonable and used within the scientific and medical community. The Department proposes, then, to allow individuals and institutions to adhere to their own views and adopt a definition of abortion that encompasses both views of abortion.
" (emphasis mine)

So HHS proposes that anyone can enforce his or her own definition of abortion "within the bounds of reason." And, it would seem the bounds are pretty far flung. Most dangerously, perhaps, this new rule establishes a legal precedent that may eventually be used as a basis for banning the most popular forms of birth control along with what is, in fact, abortion.

For breaking news on threats to birth control access and information visit birthcontrolwatch.org

 
 
 

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04:21 PM on 07/20/2008
All of the above points and arguments are the reason why I deeply believe that the government should NOT play any part in the abortion/right to life discussion. The government should not be spending a single dime supporting either side. Until one side or the other can PROVE that: 1. abortion IS murder, or 2: abortion is Not murder - and I mean PROVE, not plead, enjoin, argue, believe, feel, sense, etc., etc., the decision one way or the other is in the hands of both the mother AND father and their god and/or intellect. (After all, it took both of them to produce the fetus.) This will be a much quieter discussion if both sides would just stop trying to stuff their opinions down someone elses throat, especially by resorting to violence or threat of violence, or by using the power of government. Just because you think you're right doesn't mean you can force someone else to agree with you. Let's try intellect rather than invective, discussion rather than diatribe, reason rather than rabidness. Please?
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HUFFPOST COMMUNITY MODERATOR
slaxx
07:43 PM on 07/20/2008
can't be done. we all already know how life is formed, but we disagree on when it's actaually "life" - that's a matter of opinion and it depends on what criteria you're using. to some, it's when the egg is fertilized, to others, implantation, to others, when the fetus is viable enough to live on its own seperate from the mother, and to others, it's life after it's been born.
11:16 AM on 07/20/2008
Nancy Pelosi, Patty Murray, and Hillary Clinton have all spoken out about this and have voiced their disapproval to President Bush. Has either of the presidential candidates issued a statement yet?
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08:18 AM on 07/20/2008
Abortion involves death of innocents.
War involves death of innocents.
Driving involves death of innocents.
Smoking involves death of innocents.
Alcohol involves death of innocents

So when your sitting in your Laz I Boy with an American flag pinned to your lapel having just returned from driving to the corner store to pick up cigarettes and beer and you turn on the tv to cheer Foxnews support of the war, you just might want to think before you open your mouth about abortion and someone else's freedom and choice.
05:53 AM on 07/20/2008
I think one of the problems here is that many women have not realized the cause and effect this will cause They don't realize this will cause that simple pill they pop every morning wil be effected by the difficulty of aquiring it.
03:38 AM on 07/20/2008
Taking this theory to its logical conclusion, abstinence then would be abortion.

I can see the seen at Jesus Camp.

Lothario "Excuse me, miss, are you a devoted Christian?"

Woman: "Yes indeed I am".

Lothario: "I suppose then you're against the abomination of abortion:.

Woman" "Yes".

Lothario: "My tent is right over there. Join me for some pro-life activity"
02:41 PM on 07/18/2008
It's not the "religious right" its about the babies, anything that we can save more babies is good, even ifs its one. One net life is good.
11:16 PM on 07/18/2008
I never understood why religious people always want to control other morality. It isn't your business what two adults does as long as it isn't hurting anyone else. If you ask me most religious people need their head check and needs to be on meds. The most evil people you can find in this world are the religious ones. They are always against abortions and birth control but yet these same people are for the death penalty and wouldn't lift a finger to help poor or sick people. They always hiding behind that fiction that is called the bible. They use it to justify any abuse they choose to visit on the poor and uneducated. Maybe if there weren't any organized religion the world would be a better place. In my opinion, religion is the root of all evil. If god is real and he is to judge us then I will have to say that hell is going to be a crowded place.
11:59 AM on 07/19/2008
I would imagine the answer lies in their belief that abortion is murder. If one ascribes to this belief, then depending how you define "beginning of life," preventing murder is their issue.
It's hard to find common ground on this one.
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Fernando
My Micro-bio is empty? Really?
01:45 PM on 07/19/2008
I'm going to disagree with that. If you look at the three people responsible for the largest number of deaths in the world: Stalin, Hitler and Mao, they all claimed to be atheists or non-religious. That's not saying religious people have not been responsible for a great many deaths, it means that if you tally Stalin's 22 million deaths, to Hitler's 10 to Mao's approximately 25 the point you are making is not as obvious as you think.

I agree with almost everything you said, but that bit is not accurate.

P.S. It is ironic to me that pro-Life people advocate adoption as a way to end abortion but
A) Not many of them ACTUALLY adopt.
B) They oppose gay parent adoption.
C) Most of them oppose welfare benefits (which greatly reduces the number of abortions.
D) When someone like Cindy McCain goes out and ACTUALLY ADOPTS A CHILD, a brown child at that, the right wing does not have a hard time turning their people off against McCain doing such a thing ("He fathered an illegitimate black child!!!").
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HUFFPOST COMMUNITY MODERATOR
lisakaz2
Da ministero dell'interno di Snark.
01:37 AM on 07/20/2008
It isn't. You're living in fantasyland. It's not about "saving." it's about serving the governement versus free will. You thik birth control is an abortifacent I presume?
11:53 AM on 07/18/2008
Besides all the other problems with this "new rule"...it places every hospital and clinic that follows it potentially at risk for lawsuits, for refusal to provide timely and appropriate care. That's malpractice, in my book.

Hospitals, clinics, etc., have always taken the personal beliefs of prospective hires into account when considering them for specific jobs. I notice that HHS is not saying that hospitals can refuse to hire an MD who is a Jehovah's Witness for a job in the Pathology/Laboratory Medicine Division when part of the required job is supervising blood-banking and transfusion services on nights or weekends. Yet that is just as much of a "crisis of conscience" as it would be for someone hired for a gynecology clinic who deliberately refuses, as a "matter of conscience" to write prescriptions for birth control or refer to abortion providers.
HUFFPOST SUPER USER
Fingerbo
07:26 PM on 07/16/2008
When Bush appointed pro-abstinence/anti real sex education Susan Orr as head of HHS, I think we all were waiting for shit like this to happen. Let's hope they don't get very far with this while Biush is still in office. And let's further hope President Obama's appointees reside in 21st Century reality.
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12:36 PM on 07/20/2008
When Congress approved Samuel Alito for the Supreme Court, they approved the man who wrote the legal memos recommending that the pill be characterized as an abortifacent and the man who wrote the blueprint for the regressive right wing to go after access to abortion and birth control. Alito should have never passed through Congress, the Dems should have filibustered him but now it's too late.
06:40 PM on 07/16/2008
Fundamentalist anti-women's rightist nonsense. Change, now.
05:51 PM on 07/16/2008
Also.... as they have proven that the wearing of as the Yanks so wonderfully put it.... 'tighty whities' (aka y fronts) or other restrictive underwear, severely reduces your sperm count. By these same standards, does this mean that we will be able to go after the likes of Calvin Klein et al as purveyors of mass genocide?

let's face it... a woman only ovulates a few eggs per cycle... think of the millions of potential pregnancies that get washed down the drain every week from our male compatriots....

To quote "Elle Woods" from legally blonde... For that matter, any masturbatory emissions, where the sperm is clearly not seeking an egg, could be termed reckless abandonment.
05:40 PM on 07/16/2008
How then does this work for the millions of women who routinely are crippled when their period comes around every month or so. Many women with poly cystic ovarian syndrome remain on the pill indefinitely to prevent the agony of menstruation every month.

These changes would seek to put their lives in potential harm...
HUFFPOST SUPER USER
lew
05:42 PM on 07/16/2008
Aren't these conservatives turning into the American version of the Taliban? Let's go back to the 6th century and have women wear burkkas and walk 10 paces behind the husband/owner. It's no wonder these people are so screwed up in the head; they're so sexually repressed they can't think straight. I guess that's why they end up in men's bathrooms and brothels while preaching to the rest of us on how to behave.
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HUFFPOST COMMUNITY MODERATOR
lisakaz2
Da ministero dell'interno di Snark.
03:38 PM on 07/16/2008
Seems to me there is a plot to this tale. The point is to make "birth control" a censored term. After all, the abstinence-only education won't talk about it (or at least not honestly). With Griswold overturned and educatators as well as clinics muzzled, the path to increasing the birth rate will be clear. Didn't I read something about prettying up "teen pregnancy" to be a good thing? I think this cynical DC cretins actually WANT more children born in non-ideal circumstances. Makes more more "volunteer" soldiers. Ensure more get born, do nothing to improve their circumstances and you got an army of some kind in the wings.

Someone show me where I'm wrong. Please.
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02:54 PM on 07/16/2008
If the HHS is going to use polls to set public policy, why aren't they using the polls that show most Americans are pro-choice?
02:45 PM on 07/16/2008
Does this mean Medical will start covering my Witch Doctor? I am caveman therefore I own your vagina! Is the U.S. just about the stupidist thing that ever happened to the Universe? Sorry, that's a rhetorical question.