The House will vote Wednesday on a measure supporting conscience protections for doctors, in its first abortion-themed vote since the Supreme Court’s June decision striking Texas clinic regulations.
Were the measure to become law, churches and other entities could directly sue the federal government for violating the Weldon Amendment, which prohibits states from getting federal dollars if they discriminate against providers refusing to pay for, provide or refer for abortions.
It’s hinged on a major, ongoing point of tension between abortion opponents and the Obama administration, who are often at sharp odds over how much distance to put between federal dollars and the controversial procedure of abortion.
A trio of churches are suing California for requiring seven insurers to more fully cover abortion services, saying that goes against the Weldon Amendment. And two conservative legal groups — Alliance Defending Freedom and the Life Legal Defense Foundation — have asked the Department of Health and Human Services to block California’s funds, but last month the agency refused to, saying the state didn’t violate Weldon.
Now Republicans are hitting back against that decision with their planned vote on the so-called Conscience Protection Act, which would not only create a private right of action but also make the Weldon Amendment permanent, instead of just attaching it to annual spending bills.
“Victims that face discrimination because they follow their conscience need another avenue for protection,” said Rep. Joe Pitts, R-Pa. “They need a private right of action so they can have their day in court.”
The measure won’t become law, as the White House has issued a veto threat, saying federal law already provides sufficient conscience protections and noting that federal funds can’t be used for elective abortions under a separate measure known as the Hyde Amendment.
“It would have the consequence of limiting women’s healthcare choices and … the administration believes that protections in current federal law already provide appropriate protection for the rights of conscience,” the White House said in a statement Tuesday.
In the end, the dispute is likely to be decided by the courts. In June, federal judge Marilyn Huff denied most of California’s motion to dismiss the case. But abortion foes, still smarting from last month’s Supreme Court decision, which dismantled their efforts to enact stricter safety requirements on clinics, are still pleased the House is highlighting the issue.
HHS has said California isn’t violating Weldon because the insurers refusing to cover abortions didn’t cite religious reasons. But Matt Bowman, senior counsel with Alliance Defending Freedom, argues that Weldon doesn’t apply only to those citing religious objections.
“Weldon says health insurance plans can’t be forced to cover abortion regardless of why they don’t want to cover abortion,” Bowman said.
The Weldon Amendment says no federal funds may be made available to a state if it “subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.”
