Abortion’s legal. So is declining to put it on the public dime. That’s been the uneasy truce for many years between abortion providers (and promoters) and American taxpayers. Uneasy, and shaky: even since 1976 with the Hyde Amendment, children conceived through violence have always been at risk of abortion at public expense.
This week, the U.S. House has taken a step toward making the Hyde Amendment permanent, and President Trump has reinstated the Mexico City policy. The Hyde Amendment refers to abortion-funding limitations in the domestic Health and Human Services budget, which must be renewed each budget cycle. The Mexico City policy (named for the location of the 1984 U.N. conference where the policy was first adopted) prevents U.S. money sent to the United Nations Population Fund from being used for abortion activity, as distinct from family planning.
The Mexico City policy has been in effect under every Republican president since Reagan. It was revoked by Democrats Clinton and Obama. For a generation, it has been an indicator of one of the differences between the two major parties: Democrats want public money to be available for abortion in all circumstances. Republicans don’t.
There are resisters to the Hyde and Mexico City provisions, of course, who have dusted off the moniker “global gag rule” to describe the Mexico City policy . Let the hashtagging begin. You’re not only trying to keep people from doing abortions, but even talking to women about abortion, say the hashtaggers. No, we’re just trying to keep the hands of abortion providers out of the pockets of people who recognize that abortion terminates human life.
A woman is free to choose abortion. Are you and I free to refuse to pay for it? The opponents of Hyde and Mexico City say no. They defend choice for the abortion-minded woman, but not for the pro-life taxpayer.
The “gag rule” argument is one of two used by coerced-funding fans. The other is the claim that abortion is health care and must be treated as such. Both arguments get more traction every time a politician parrots them without dispute.
Attorney Cathleen Cleaver, speaking to the Senate Foreign Relations Committee on behalf of the U.S. Conference of Catholic Bishops in 2001, noted that any “gag” on abortion providers under the Mexico City policy is self-imposed.
…the policy forces nothing: Non-governmental organizations (NGOs) may choose to apply for U.S. tax funds, and to be eligible, they must refrain from abortion activity. On the other hand, NGOs may choose to do abortions or to lobby foreign nations to change their laws which restrict abortion, and if they choose that path they render themselves ineligible for U.S. money. As we saw the last time the policy was in place [under President Reagan], only two out of hundreds of organizations elected to forfeit the U.S. money for which they were otherwise eligible. But it was and will be entirely their choice.
Hyde has been a legislative action. Mexico City has been an executive action. The judiciary weighed in on this a long time ago, coming down on the side of people who choose not to fund abortion, upholding the Hyde Amendment in Harris v. McRae (1980). Yet public funding of abortion activity is still an open question: Hyde must be proposed anew every two years, use of the Mexico City policy depends on the personal preferences of a president, and what today’s Supreme Court might do if faced with a funding case is anyone’s guess.
This week’s actions by President Trump and the House are most welcome. They may prove to be only passing victories, though, unless the people who want nothing to do with the abortion industry become as noisy and persistent as the people determined to fund the industry publicly.
By the way, I heard Cecile Richards crowing after the election that the advent of Trump has led to a huge increase in donations to Planned Parenthood. How many of those donations were designated for political use rather than clinical care? How much public funding could be offset by these donations, if Planned Parenthood so chose? Are we going to see those figures anytime during this year’s funding debate?