[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 276 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
S. RES. 276

 Expressing opposition to the use of State power against people in the 
United States seeking essential health care, including criminalization 
   of the full range of sexual and reproductive health care such as 
     abortion, gender-affirming care, and contraceptive care, and 
    disapproving of State punishment of people for their pregnancy 
                               outcomes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

Ms. Duckworth (for herself, Mr. Murphy, Mr. Merkley, Ms. Stabenow, Mr. 
  Blumenthal, Ms. Cantwell, Ms. Hirono, Ms. Warren, Mr. Heinrich, Mr. 
Wyden, Mr. Cardin, Mr. Padilla, Ms. Smith, Mr. Booker, Mr. Peters, and 
 Mr. Fetterman) submitted the following resolution; which was referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                               RESOLUTION


 
 Expressing opposition to the use of State power against people in the 
United States seeking essential health care, including criminalization 
   of the full range of sexual and reproductive health care such as 
     abortion, gender-affirming care, and contraceptive care, and 
    disapproving of State punishment of people for their pregnancy 
                               outcomes.

Whereas most people will need access to sexual and reproductive health care at 
        some point in their lifetimes, whether it be abortion, contraception, or 
        gender-affirming care;
Whereas the ability of people to access and make decisions about the full range 
        of sexual and reproductive health care is essential to the health, well-
        being, and autonomy of all people and to the health and well-being of 
        society;
Whereas providers of sexual, reproductive, and gender-affirming health care, and 
        those who support people making important health care decisions, are 
        essential and play a critical role in ensuring people are able to have 
        control over their own bodies and lives;
Whereas people deserve to be treated with dignity, empathy, compassion, and 
        respect by their health care providers;
Whereas people need their health care providers to be able to provide or refer 
        for essential health care without facing punishment or criminal or civil 
        charges for supporting the autonomous decisions of an individual with 
        respect to their own body and life;
Whereas no person should face State sanctioned punishment for--

    (1) seeking or obtaining an abortion, or any pregnancy outcome or 
decision;

    (2) seeking or using contraception;

    (3) seeking or obtaining gender-affirming care;

    (4) their sexual health status; or

    (5) for helping someone access the essential health care they need;

Whereas people have been penalized or prosecuted in the United States for 
        actions during their pregnancy that the State alleged caused harm or 
        risk to their pregnancies;
Whereas people have been prosecuted for not seeking health care, for 
        experiencing a miscarriage or stillbirth, for self-managing an abortion, 
        for alcohol or drug use during pregnancy, and for their HIV status;
Whereas research shows there is an increased need and demand for medications to 
        self-manage an abortion in States with abortion restrictions, and that 
        self-managed abortion with access to medications and accurate 
        information is safe and effective;
Whereas the reasons why people self-manage an abortion are varied and valid;
Whereas States and localities have attempted to impose civil and criminal 
        penalties on people who help others access the gender-affirming and 
        reproductive health care they need, including abortion care;
Whereas at least 1 State has passed a law attempting to restrict some out-of-
        State travel for abortions, and other States have attempted to curtail 
        out-of-State travel for abortion care or the facilitation thereof, in 
        violation of basic constitutional principles, including the right to 
        travel;
Whereas people have been and continue to be coerced or forced to undergo 
        unwanted medical procedures or surgical interventions that negatively 
        impact their sexual and reproductive health, including involuntary 
        sterilization, involuntary cesarean sections, and procedures to change 
        the intersex traits of minors;
Whereas coercive or unwanted medical or surgical interventions that negate 
        individual autonomy are distinct from gender-affirming care, do not 
        constitute essential health care or sexual and reproductive health care, 
        and are not included within the full range of such care that this 
        resolution describes;
Whereas more than 30 States around the country have advanced legislation 
        designed to severely limit access to necessary gender-affirming care, 
        especially for young people, which is against the recommendations of 
        major medical organizations, including the American Academy of 
        Pediatrics;
Whereas 3 States have enacted, and nearly 15 have introduced, legislation 
        designed to criminalize and penalize providing gender-affirming care to 
        young people, providers of gender-affirming care for young people, and 
        the parents of those young people for enabling access to this essential 
        care;
Whereas some States are considering legislation that would use the power of the 
        State to remove children from the care of their parent if that parent 
        supports access to gender-affirming care for the child;
Whereas States and localities have prohibited health care providers from 
        providing, and in some cases have criminalized the provision of, gender-
        affirming and reproductive health care, including abortion care, to 
        patients who are seeking such care whether in person or via telehealth;
Whereas States and localities have attempted to prohibit health care providers 
        from referring, and in some cases have attempted to criminalize the 
        referral of, patients to out-of-State resources to receive the gender-
        affirming and reproductive health care they seek, including abortion 
        care;
Whereas States have aimed to restrict the ability of patients to access sexual 
        and reproductive health care by threatening provider licensure, 
        certification, or renewal, if even suspected of providing care, 
        regardless of conviction;
Whereas the threat of criminalization or prosecution can result in a chilling 
        effect by intimidating people into not seeking or providing needed care;
Whereas health care providers have an ethical obligation to provide essential 
        health care to their patients and to protect the private medical 
        information integral to the patient-provider relationship;
Whereas limiting the ability of a health care provider to uphold their ethical 
        obligations to provide essential health care, including sexual and 
        reproductive health care, to patients is a violation of their rights and 
        subjects them to moral injury;
Whereas the State advances no legitimate interest by imposing civil or criminal 
        penalties on medically appropriate sexual and reproductive health care, 
        including abortion, contraception, and gender-affirming care, and has no 
        legitimate interest in criminalizing pregnancy outcomes;
Whereas State laws criminalizing sexual and reproductive health care, including 
        gender-affirming care and abortion care, sometimes enacted under the 
        guise of protection, constitute an abuse of the power of the State that 
        denies individuals their fundamental rights;
Whereas even when charges are dropped or the defendant is exonerated, the long-
        term consequences of arrest or prosecution are irreparable;
Whereas Black, indigenous, people of color, immigrants, people with low incomes, 
        LGBTQI+ individuals, and other marginalized individuals are more likely, 
        due to persistent disparities and oppression, to experience adverse 
        pregnancy outcomes that place them under the scrutiny of the legal 
        system;
Whereas groups like the American Medical Association, American Public Health 
        Association, American Academy of Pediatrics, American Society of 
        Addiction Medicine, the American College of Obstetricians and 
        Gynecologists, the American Bar Association, and others oppose State-
        sanctioned punishment for pregnancy outcomes and oppose criminalizing 
        providers and the provision of health care;
Whereas Black, indigenous, people of color, immigrants, people with low incomes, 
        LGBTQI+ individuals, and other marginalized individuals are more likely 
        to be surveilled, arrested, charged, prosecuted, convicted, and heavily 
        punished within the criminal justice system;
Whereas, in the 2022 Abortion Care Guidelines issued by the World Health 
        Organization, the World Health Organization recommends the full 
        decriminalization of abortion;
Whereas human rights bodies, including the United Nations Human Rights 
        Committee, have long said that governments that apply criminal sanctions 
        against people who have an abortion, or medical providers who assist 
        people in having an abortion, violate human rights principles and laws;
Whereas human rights bodies have explicitly described criminalization of 
        abortion and attacks on LGBTQI+ health as a form of gender-based 
        violence;
Whereas punishing people for their pregnancy outcomes or for seeking or 
        providing essential reproductive and sexual health care, or supporting 
        access to such care, violates their fundamental rights; and
Whereas several States have recognized these facts and taken steps--

    (1) to repeal or reform laws that had been used to criminalize 
pregnancy outcomes; and

    (2) to pass laws to increase access to abortion, contraception, and 
gender-affirming care: Now, therefore, be it

    Resolved, That the Senate--
            (1) condemns the application or use of criminal laws to 
        punish people for the outcomes of their pregnancies;
            (2) affirms that people deserve access to high-quality 
        health care without fear of reprisal or punishment;
            (3) condemns the criminalization of providing or supporting 
        access to essential health care;
            (4) affirms the ethical obligations of health care 
        providers to safeguard patient privacy and the private medical 
        information integral to the patient-provider relationship; and
            (5) declares a goal for a future in which--
                    (A) the ability of patients to access sexual and 
                reproductive health care, including abortion, 
                contraception, and gender-affirming care, is 
                universally free from restrictions, bans, and barriers; 
                and
                    (B) people are able--
                            (i) to exercise self-determination in their 
                        reproductive and sexual health; and
                            (ii) manage care on their own terms, free 
                        from coercion, discrimination, or punishment; 
                        and
            (6) affirms the commitment of Congress to working toward 
        the goal established in paragraph (5) in partnership with 
        providers, patients, advocates, and their communities.
                                 <all>