Communications Department

Women’s Health Protection Act Protects Abortion Not Women

Sep 16, 2021 | FOCA

H.R. 3755/S. 1975, the so-called “Women’s Health Protection Act,” or “WHPA,” was introduced in the 117th Session of the U.S. Congress on June 8, 2021. 

This bill would enshrine into law abortion-on-demand and would overturn existing pro-life laws and prevent new protective laws from being enacted at the state and federal levels. This bill seeks to strip away from elected lawmakers the ability to provide even the most minimal protections for unborn children, at any stage of their pre-natal development. 

This bill has been introduced in the U.S. Congress by pro-abortion Representatives and Senators since 2013. There is increased focus on this legislation this year with the U.S. Supreme Court slated to hear oral arguments in the case Dobbs v. Jackson Women’s Health Organization, on the question of whether all prohibitions on abortions performed pre-viability are unconstitutional.

As of September 16, 2021, the WHPA has 48 total co-sponsors (all Democrats and Independents except Sens. Manchin, D-WV, and Casey, D-PA) in the Senate, and 214 total co-sponsors in the House of Representatives.

Requirements of the so-called “Women’s Health Protection Act” (WHPA):

The WHPA would invalidate nearly all existing state limitations on abortion and prohibit states from adopting new limitations in the future, including various types of laws specifically upheld as constitutionally permissible by the U.S. Supreme Court. 

The WHPA would invalidate most previously enacted federal limits on abortion, including federal conscience protection laws and most, if not all, limits on government funding of abortion.

*Abortions Late in Pregnancy — The WHPA would invalidate state laws on elective abortion after 20 weeks — laws that are supported by sizeable majorities nationwide. These abortions occur past the point at which unborn children can experience pain.  Additionally, the WHPA would invalidate state laws limiting abortion even after viability, unless they allow each abortionist to abort based on his assertion that an abortion will preserve emotional “health.”

*Informed Consent — The WHPA would invalidate state laws that provide women with specific information on their unborn child (informed consent requirements) before receiving an abortion, including: the providing of information about whether her child can feel pain, the ability to view her unborn child on an ultrasound or hear her baby’s heartbeat, the providing of information about fetal development, information that a medication abortion can possibly be reversed, and even information regarding legal responsibilities of biological fathers to provide economic support if she decides to carry her child to term. 

*The WHPA would invalidate state laws where a mother is provided alternatives to abortion.

*The WHPA would invalidate state laws providing for reflection periods (waiting periods). 

*The WHPA would invalidate state lawsallowing medical professionals to opt out of providing abortions. 

*The WHPA would invalidate state laws on the use of abortion as a method of sex selection (abortions which the overwhelming majority of Americans oppose), 

*The WHPA would invalidate state laws regarding parental involvement and consent of a minor’s abortion. 

*The WHPA would invalidate state laws limiting chemical abortions that are done using telemedicine. These types of abortion occur when a mother is not even in the same location as an abortion provider when she is given drugs to end the life of her unborn child. 

*The WHPA would invalidate state laws that limit the performance of abortions to licensed physicians (meaning that non-physicians could perform and prescribe abortions), and there would be no “requirements or limitations” regarding how an abortion facility is regulated and maintained.

*The practices of the abortion industry, or any segment of that industry, or even of an individual practitioner, would be granted extraordinary immunity from constraints or accountability.

Life-affirming laws such as the ones mentioned above generally have broad public support in the states in which they are enacted, including support from substantial majorities of women.

According to pro-abortion groups, if this law is enacted, abortion-on-demand would be allowed in all 50 states, even if Roe vs. Wade is weakened or overturned. Elective abortion would become the procedure that must always be facilitated — never delayed, never impeded to the slightest degree.

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