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Fast Facts
Counseling Bans & Gag Rules
What are counseling bans and "gag rules," and how do they impede women's access to health care? |
Having access to information about the full range of reproductive options is key to making informed health care decisions. Counseling bans, also known as “gag rules,” typically prohibit organizations that receive state and/or federal funds from counseling or referring women for abortion services, prevent doctors from treating their patients responsibly, and severely limit women’s ability to make informed choices. Women and their health care providers—not politicians—should make private medical decisions. |
CURRENT STATE LAWS19 states have laws that prohibit some or all state employees or organizations that receive state funds from providing counseling or referring women for abortion services: AL, AZ, IL, IN, KS, KY, LA, MI, MN, MS, MO, NE, ND, OH, OK, PA, SC, VA, WI.
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CURRENT FEDERAL LAWSThe Federal Refusal Clause is a back-door “gag rule” that allows health care companies to forbid their doctors from providing medically necessary and appropriate abortion care, or even referring patients to another provider. In addition, on his first business day in office, President Bush imposed the global gag rule. This harmful policy prohibits the U.S. Agency for International Development from granting family-planning funds to any overseas health center unless it agrees not to use any funds—including its own, private, non-U.S. funds—to provide, counsel, or refer women for abortion care, or even take a pro-choice position. |
2008 STATE LEGISLATION8 states considered 17 measures that would prohibit some or all state employees or organizations that receive state funds from providing counseling or referring women for abortion services under some or all circumstances: AL, KY, MI, MN, NE, OK, RI, WV.
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2008 FEDERAL LEGISLATIONUnder pro-choice leadership in 2007, Congress sought—for the first time in recent memory—to reverse course on the global gag rule and bring meaningful relief to women and families abroad. In 2007, the Senate voted to repeal the global gag rule, and the House voted to partially repeal it, but they were blocked by anti-choice lawmakers and a Bush veto threat. Congress tried again in 2008 to reverse the rule, but, in the end, passed a continuing resolution that did not contain language repealing the global gag rule. | |