Why the Stupak Amendment is so bad

Perhaps the United States House of Representatives believes that all men are created equal—but it does not believe that all women are created equal, or that women are equal to men. These views it has made clear with the passage of the Stupak Amendment, which limits the right to choose for women who can afford to pay for an abortion up front, or for women who can afford a private insurer whose policy covers abortion.

As for the rest, well, that’s what coathangers are for.

HR-3962 describes itself as “[an act t]o provide affordable, quality health care for all Americans.” Abortion is legal in the United States to provide quality health care; in delivering the opinion of the Court on Roe v. Wade, Justice Blackmun explicitly stated that one reason for legalizing abortion was that, unregulated, it was deadly, but regulated it was much safer: “Mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates for normal childbirth. (…) The prevalence of high mortality rates at illegal “abortion mills” strengthens, rather than weakens, the State’s interest in regulating the conditions under which abortions are performed.” The passage of the Stupak Amendment, then, undermines the purpose of the healthcare reform bill, because it does not provide affordable, quality health care for all Americans. Not only does it bar the public health option from covering abortion, it also bars people who receive “affordability credits”—reduced premiums granted to people with lower income levels—from using those credits to purchase an insurance plan that covers abortion.

The consequences will be exactly those that Roe v. Wade tried to prevent: despite abortion limitations and bans, women will get them anyway, and the risks they incur will be much more severe.

In the United States, abortion is a legal medical procedure. For a bill whose purpose is to provide affordable healthcare to explicitly ban funding for abortions is absurd. Furthermore, the Stupak Amendment makes it in private health insurance companies’ best interest to take abortion coverage out of their policies: because of affordability credits, more people will be able to buy government-subsidized private health insurance, but only companies that don’t provide abortion coverage will see any of that new money. They can get more customers through the insurance exchange if the new customers get subsidies, but they can only get those customers if they don’t include abortion coverage.

I should add that this amendment is not about saving a fetal life, but about using pregnancy as punishment for sexual activity. If it were equating a fetus to a child, it would not permit abortion in cases of rape or incest; killing a child because it is the result of incest or rape would still be infanticide.

Many women simply cannot afford children or even childbirth right now—and given that many health insurance companies will not cover a c-section if a women has already had one, and that over 30% of births are c-sections, that’s understandable (the lowest price estimation I have seen for an uninsured c-section is $5,000, and most are upwards of $10,000 assuming everything goes smoothly). Consequently, the Stupak Amendment puts women in a damned-if-we-do, damned-if-we-don’t position.

Advocates for free-market capitalism ought to oppose the Stupak Amendment because it imposes a de facto artificial handicap on health insurance companies, without allowing customers to vote with their money. Advocates for socialism ought to object to this gross gap in healthcare provision between rich and poor women. Women ought to object because their rights are being stripped. Men ought to object because their lovers, daughters, sisters and friends could soon find themselves in the emergency room –or in a coffin– after an unsafe abortion. This amendment benefits no one and is a dangerous step backward for everyone.

This post originally appeared at Starboard Broadside.

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