CMA Defends Women’s Reproductive Rights
[Posted 06/15/06]

CMA recently submitted an amicus brief in support of a lawsuit brought by the State of California challenging a federal abortion-related spending restriction that could deny California agencies more than $49 billion in federal funds. The restriction, known as the Weldon Amendment, essentially allows “health care entities,” to refuse to perform, pay or provide coverage for, or refer for abortions regardless of federal, state, or local laws to the contrary.

Although California law protects the right of religious facilities and individual health providers to refuse to participate in abortion services, California law requires that such services be provided in medical emergencies. Under the Weldon Amendment, California could be denied tens of billions of dollars of federal funds if it enforces state laws, which require that physicians treat all patients whose health or life is endangered, including from dangers that arise from pregnancy and can be prevented only by emergency abortion.

“The amendment could deprive women who need emergency abortions—and only women who need emergency abortions—from the protections afforded to all other patients by California’s regulation of the medical profession,” wrote CMA in its brief. “Congress would not think to prohibit California from disciplining a doctor who refused to perform CPR for patients suffering from cardiac arrest, refused to operate on patients suffering from severe cranial bleeding…or refused to give fluids to patients who were dehydrated.”

CMA’s brief explained that there are a variety of reasons that women develop medical complications during pregnancy that jeopardize their lives and require immediate abortions. CMA’s brief argues that the Weldon Amendment violates women’s constitutional right to seek lifesaving emergency abortion care.

Click here to read CMA's brief.

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.