On January 22, 2019, New York Governor Andrew Como signed into law “The Reproductive Health Act”. The name of the legislation is a euphemism for legalizing the killing of fully formed human beings.
This act strips abortion from the penal code. Under prior New York State –(NYS) law only the “life
of the mother” would allow a third trimester abortion. Under the new law, the “health
of the mother” would allow it. Because of definitions in previous Supreme Court decisions, specifically “ Doe VS Bolton”, those factors that defer to the health of the mother are broadly defined; physically, emotional, psychological, familial, and the woman’s age. The health of the woman is so broadly defined as to make almost any issue sufficient for a woman to get an abortion throughout all nine months of pregnancy.
Under the new law Section 4164 of the public health law is REPEALED. This law gave full civil rights protection to a child born accidentally in a post 20 week abortion, required that such abortion be done in a hospital, and that a second doctor be available to provide care to the infant. This new law now in effect legalizes infanticide.
Under the new law, you do not have to be a doctor to do surgical abortions. This means that nurse practitioners, physician assistants, and midwives will be able to do so also.
Under the new law , an attack on an unborn child that does no harm to the mother, but causes a miscarriage – because the unborn child is not a “person” under our law, -the only possible crime to prosecute might be misdemeanor assaults on the woman, a woefully inadequate remedy for such a heinous offense.
Under the new law, it says that anyone that becomes pregnant has the fundamental right “to abortion. The term “Fundamental right” is extremely significant. It means that abortion cannot be regulated except for compelling state interests and in the narrowest way possible. Virtually no regulations of abortion survive this “strict scrutiny” standard. Therefore the abortion laws in NYS are dismissive of the real health of the mother. Those receiving an abortion by NYS law are not entitled to “informed consent” as every other invasive surgery requires. They also do not need parental consent or parental notification to perform an abortion in a minor, neither do they need spousal notification.
In New York state only a fraction of abortion providers are being inspected and only very rarely. Some are going without inspection for as long as 10 years.
By contrast, restaurants in NY City are inspected and graded every year, and tanning salons every 2 years. This lack of inspection poses a safety concern according to documents obtained by the NY Post.
The new law says “the state shall not discriminate against, deny or interfere with the exercise of the rights set forth… The language poses a threat to religious freedom and conscience rights. The state can deny licenses to individuals and institutions that do not cooperate with abortion.
Only 15.6% of those having abortions in NY pay out of pocket according to the NYS Dept. of Health. The rest are paid for through insurance or Medicaid. In fact over 50% of NY City abortions in 2016 were paid for by tax payers through Medicaid.
New York State will become an abortion destination- because we will be one of the few States in the nation that permits late term abortions for any reason without any regulations.
Chris Moore – Feb 2019
Past LICL Suffolk Chair
Look at some of the people these laws would have killed…