Obama Could Rescind Global Gag Policy, HHS Conscience Rule

Main Category: Women's Health / Gynecology
Also Included In: Sexual Health / STDs;  Abortion;  Public Health
Article Date: 22 Jan 2009 - 1:00 PDT

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President Obama during his first weeks in office could rescind the "global gag" rule, which currently prohibits federal funding for international family planning organizations that with their own funds provide abortions or counsel women about the procedure, the New York Times reports. According to opponents, the policy also limits access to contraceptives and family planning services overseas (Pear, New York Times, 1/20). The global gag rule, also known as the "Mexico City" Policy, was first announced by President Reagan in 1984 during a population conference in Mexico City. President Clinton rescinded the policy on Jan. 22, 1993 on the anniversary of Roe v. Wade and President George W. Bush eight years later reinstated the policy on the same date. Obama aides have acknowledged that the anniversary of Roe is Thursday but they have not indicated whether Obama will announce a new policy on that date.

According to opponents of the global gag policy, the U.S. Agency for International Development has indicated that preparations are underway to lift the funding restrictions within one week of Obama's inauguration (Nicholas/Parsons, Los Angeles Times, 1/20). An unnamed official at USAID said, "We are preparing the new policy, press releases, a memo to the field that could go out immediately telling them that all the restrictions have been removed," the New York Times reports (New York Times, 1/20). Tod Preston, vice president for government relations at Population Action International, said that rescinding the policy would be "a big victory for women overseas," whose "health has been severely impacted by the cutoff" in U.S. funding. Preston added, "If you want to reduce unintended pregnancies, abortion and women dying from high-risk pregnancies because they don't have access to family planning, you don't do it by cutting off U.S. assistance" (Los Angeles Times, 1/20).

According to the New York Times, Obama also has said that he objects to the HHS "conscience" rule that grants protections to health workers who refuse to perform abortion-related services, dispense contraception or provide other care because of "religious beliefs or moral convictions." The rule, which took effect on Tuesday, would allow the federal government to cut off funding to state and local governments, hospitals, health plans, clinics and other entities that do not certify that they accommodate employees who refuse to provide medical information or services on moral or religious grounds. A 1983 Supreme Court decision suggests that the new administration would need to complete a formal rule-making process and allow for public comment before it could repeal the rule. However, the new administration could attempt to postpone the effective date of the regulation, pending judicial review, but health workers could still seek protection under the rule in the meantime. According to the Times, seven states and two family planning organizations last week filed three separate lawsuits in the U.S. District Court in Connecticut asking the court to block the new rule (New York Times, 1/20).

According to Obama transition aides, Obama also has considered lifting the Bush administration's funding restrictions on stem cell research. During a recent interview with CNN, Obama indicated that his team is "still examining what things we'll do through executive order," adding that he would support legislation to rescind funding limitations (Los Angeles Times, 1/20).

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