Replacing Medical Judgment with Political Will: PA Pushing Extreme Anti-Abortion Bill, Again

By Amanda Cappelletti, Larry Frankel Legislative Fellow, ACLU of Pennsylvania

Gov. Wolf announces his intention to veto SB3 at a press conference in Philadelphia (credit: Ben Bowens)

The legislative session has barely begun, and we’re already seeing some of the most extreme bills being introduced and pushed through. In that collective is Senate Bill 3, a bill that would ban abortion after 20 weeks and would ban a medically proven, safe method of abortion. This type of legislation puts women’s health at risk by preventing doctors from making decisions based on their professional medical judgment, in consultation with their patients.

In addition to replacing medical expertise with political will, this bill provides the narrowest of exceptions for abortions after 20 weeks: to prevent death of the mother and substantial and irreversible impairment of a major bodily function of the mother. But with no definition of “major bodily function,” it is unclear when this exception applies. There are no exceptions for pregnancies that result from rape or incest. There are no exceptions for fetal anomalies. Every woman’s circumstance is different, and this bill takes away her ability to decide what is best for her.

Abortion bans punish women. Not only do they strip a woman of ability to make a personal medical decision, but they can force her to go through severe mental and physical trauma. A Texas woman was forced to wait for her fetus to die in utero and endure a stillbirth because of a similar law, something no one should have to experience.

Doctors are at risk of punishment, too. SB 3 bans a medically proven, safe method of abortion — anyone who performs that method is guilty of a third degree felony. Our lawmakers are criminalizing doctors for following their professional training and conscience. This is one of the many reasons why the American Congress of Obstetricians and Gynecologists opposes these types of restrictions.

Extreme legislation like SB 3 has been enacted, challenged, and temporarily blocked or not allowed to go into effect while litigation proceeds in four states because of the serious constitutional issues these types of laws raise. It would seem that Pennsylvania lawmakers would like to add us to the list of states being sued for extreme abortion bans.

While we may not agree about abortion, we can all agree that physicians and not politicians should be a part of the medical decision-making process. We cannot stand by while politicians push their agenda into our doctor’s offices, with no regard for the health and well-being of women. A woman’s health, not politics, should drive important medical decisions. Contact your legislators and remind them — they’re not medical experts and shouldn’t be meddling.

Senate Bill 3 passed the state Senate on February 8 and is now under consideration in the state House of Representatives. Call your state representative today to tell them to vote “NO” on SB 3. To find your state representative, use our “find your legislator” tool, enter your zip code, and look for your representative under “governor and state legislators.”

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