For years, federal laws restricting the use of government funds to pay for abortions have included exemptions for pregnancies resulting from rape or incest, with another exemption covering pregnancies that could endanger the life of the mother.
But the "No Taxpayer Funding for Abortion Act," contains a provision that would rewrite the rules to drastically limit the definition of rape and incest in these cases. The bill, with 173 mostly Republican co-sponsors, has been dubbed a top priority in the new Congress by House Speaker John Boehner (R-Ohio).
With this legislation, which was introduced last week by Rep. Chris Smith (R-N.J.), Republicans propose that the rape exemption be limited to "forcible rape." This would rule out federal assistance for abortions in many rape cases, including instances of statutory rape, many of which are non-forcible.
For example, if a 13-year-old girl is impregnated by a 24-year-old adult, she would no longer qualify to have Medicaid pay for an abortion. Rep. Smith's spokesman did not respond to a call and an email requesting comment.
Given that the bill would also forbid the use of tax benefits to pay for abortions, that 13-year-old's parents would also not be allowed to use money from a tax-exempt health savings account (HSA) to pay for the procedure. They also wouldn't be able to deduct the cost of the abortion or the cost of any insurance that paid for it as a medical expense.
Statutory rape? Too bad...wingers want you to have the kid. So why the "forcible rape" provision?
Laurie Levenson, a former assistant US attorney and expert on criminal law at Loyola Law School in Los Angeles, notes that the new bill's authors are "using language that's not particularly clear, and some people are going to lose protection."
Other types of rapes that would no longer be covered by the exemption include rapes in which the woman was drugged or given excessive amounts of alcohol, rapes of women with limited mental capacity, and many date rapes.
"There are a lot of aspects of rape that are not included," Levenson says.
As for the incest exception, the bill would only allow federally funded abortions if the woman is under 18.
The bill hasn't been carefully constructed, Levenson notes. The term "forcible rape" is not defined in the federal criminal code, and the bill's authors don't offer their own definition. In some states, there is no legal definition of "forcible rape," making it unclear whether any abortions would be covered by the rape exemption in those jurisdictions.
Ding ding ding! Once again the goal is to make abortions impossible to get under any circumstances. Who cares about the woman being raped? Republicans certainly don't give a damn.
And remember, this is a "priority" now among House Republicans. What happened to jobs, housing, and the economy, guys? Too bad, we've got a whole lot of wombs to regulate!
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