Kenny Marchant on Abortion Republican Representative (TX-24)

Parental notification for underage to receive abortion

Voted YES on banning federal health coverage that includes abortion.

Congressional Summary:Prohibits the expenditure of federal funds for any abortion.
• Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and health plans must keep federal funds segregated from any funds for abortion services.)
• Disallows any tax benefits for amounts paid or incurred for an abortion.
• Provides exceptions for pregnancies resulting from rape or incest; or life-endangering maternal condition.

Proponent's Argument for voting Yes:
[Rep. Fortenberry, R-NE]: Americans deserve to know how the government spends their money, and they are right to refuse the use of their tax dollars for highly controversial activities--in this case, abortion. Abortion harms women. It takes the lives of children, and it allows a man to escape his responsibility. The abortion industry many times profits from all of this pain. We can and must do better as a society, and at a minimum, taxpayer dollars should not be involved. This issue has manifested itself most intently during the health care debate. Unless a prohibition is enacted, taxpayers will fund abortion under the framework of the new health care law. Abortion is not health care.

Opponent's Argument for voting No:
[Rep. Louise Slaughter, D-NY]: H.R. 3 is actually dangerous for women's health. By refusing to provide any exceptions to women who are facing serious health conditions--cancer, heart or whatever that may be--you are forcing women to choose to risk their health or to risk bankruptcy, and I think that is morally unacceptable. Under H.R. 3, a woman facing cancer who needs to terminate a pregnancy in order to live might have to go into debt over the $10,000 that the legal and necessary procedure could cost. Despite having both health insurance and tax-preferred savings accounts, this bill would prevent her from having that.

Voted NO on expanding research to more embryonic stem cell lines.

1. have been donated from in vitro fertilization clinics;
2. were created for the purposes of fertility treatment;
3. were in excess of the needs of the individuals seeking such treatment and would otherwise be discarded; and
4. were donated by such individuals with written informed consent and without any financial or other inducements.

Proponents support voting YES because:

Since 2 years ago, the last Stem Cell bill, public support has surged for stem cells. Research is proceeding unfettered and, in some cases, without ethical standards in other countries. And even when these countries have ethical standards, our failures are allowing them to gain the scientific edge over the US. Some suggest that it is Congress' role to tell researchers what kinds of cells to use. I suggest we are not the arbiters of research. Instead, we should foster all of these methods, and we should adequately fund and have ethical oversight over all ethical stem cell research.

Opponents support voting NO because:

A good deal has changed in the world of science. Amniotic fluid stem cells are now available to open a broad new area of research. I think the American people would welcome us having a hearing to understand more about this promising new area of science. As it stands today, we will simply have to debate the bill on the merits of information that is well over 2 years old, and I think that is unfortunate.

The recent findings of the pluripotent epithelial cells demonstrates how quickly the world has changed. Wouldn't it be nice to have the researcher before our committee and be able to ask those questions so we may make the best possible judgment for the American people?

Voted NO on allowing human embryonic stem cell research.

• Call for stem cells to be taken from human embryos that were donated from in vitro fertilization clinics
• Require that before the embryos are donated, that it be established that they were created for fertility treatment and in excess of clinical need and otherwise would be discarded
• Stipulate that those donating the embryos give written consent and do not receive any compensation for the donation.

Voted YES on restricting interstate transport of minors to get abortions.

• Allowing for exemptions to the law if the life of the minor is in danger or if a court in the minor's home state waive the parental notification required by that state
• Allocating fines and/or up to one year imprisonment of those convicted of transporting a minor over state lines to have an abortion
• Penalizing doctors who knowingly perform an abortion procedure without obtaining reasonable proof that the notification provisions of the minor's home state have been satisfied
• Requiring abortion providers in states that do not have parental consent laws and who would be performing the procedure on a minor that resides in another state, to give at least a 24 hour notice to the parent or legal guardian
• Specifying that neither the minor nor her guardians may be prosecuted or sued for a violation of this act

Rated 100% by the NRLC, indicating a pro-life stance.

OnTheIssues.org interprets the 2006 NRLC scores as follows:

• 0% - 15%: pro-choice stance (approx. 174 members)
• 16%- 84%: mixed record on abortion (approx. 101 members)
• 85%-100%: pro-life stance (approx. 190 members)

The ultimate goal of the National Right to Life Committee is to restore legal protection to innocent human life. The primary interest of the National Right to Life Committee and its members has been the abortion controversy; however, it is also concerned with related matters of medical ethics which relate to the right to life issues of euthanasia and infanticide. The Committee does not have a position on issues such as contraception, sex education, capital punishment, and national defense. The National Right to Life Committee was founded in 1973 in response to the Roe vs. Wade Supreme Court decision, legalizing the practice of human abortion in all 50 states, throughout the entire nine months of pregnancy.

The NRLC has been instrumental in achieving a number of legislative reforms at the national level, including a ban on non-therapeutic experimentation of unborn and newborn babies, a federal conscience clause guaranteeing medical personnel the right to refuse to participate in abortion procedures, and various amendments to appropriations bills which prohibit (or limit) the use of federal funds to subsidize or promote abortions in the United States and overseas.

In addition to maintaining a lobbying presence at the federal level, NRLC serves as a clearinghouse of information for its state affiliates and local chapters, its individual members, the press, and the public.

Bar funding for abortion under federal Obamacare plans.

A bill to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes:
• No funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for any abortion.
• None of the funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for health benefits coverage that includes coverage of abortion.
• No credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion.
• No health care service furnished or operated by the Federal government may include abortion.
• Nothing in this chapter shall be construed as prohibiting purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using non-federal funds.
• Nothing in this chapter shall be construed as restricting the ability of any nonfederal health benefits coverage provider from offering abortion coverage, so long as only non-federal funds are used and such coverage shall not be purchased using matching funds required for a federally subsidized program.
• The limitations shall not apply to an abortion if the pregnancy is the result of an act of forcible rape, or incest with a minor; or in the case the woman is in danger of death unless an abortion is performed.

Ban abortions for sex selection or race selection.

Congressional Summary: Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011: Imposes criminal penalties on anyone who knowingly or knowingly attempts to:

1. perform an abortion that is sought based on the sex, gender, color or race of the child, or the race of a parent;
2. use the threat of force to intimidate any person for the purpose of coercing a sex-selection or race-selection abortion;
3. solicit or accept funds for the performance of such an abortion; or
4. transport a woman across a state line for the purpose of obtaining such an abortion.

Sponsor's Letter (Rep. Trent Franks):PRENDA restricts sex-selection abortion and race-selection abortion, and the coercion of a woman to obtain either. The woman seeking an abortion is exempted from prosecution, while abortion providers are held to account.

Opponents' Opinion (Erin Gloria Ryan on jezebel.com):Rep. Franks, a white man, has claimed that his desire to disallow "race-selective abortions" is based on his concern that the black community is having so many abortions. He doesn't say how, exactly, doctors are supposed to determine that a black woman seeking an abortion is doing so because her fetus would be black or whether she's just doing it because she doesn't want to be pregnant. Let's be honest here: this isn't really about saving girls and minorities; it's about eventually making abortion illegal. A sex-selection ban would present the Supreme Court with a dilemma: it dares the pro-abortion justices to embrace an abortion right to kill girls for being girls.

Prohibit federal funding for abortion.

TITLE I: Prohibiting Federally-Funded Abortions and Providing for Conscience Protections
• Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
• Excludes from such prohibitions an abortion if: the pregnancy is the result of rape or incest; or the woman would be place in danger of death unless an abortion is performed.

TITLE II: Elimination of Certain Tax Benefits Relating to Abortion
• Disqualifies, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion.
• Excludes from the definition of "qualified health plan" after 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion.

Prohibiting forced abortions by UN Population Fund.

A BILL: To prohibit funding to the United Nations Population Fund.

Be it enacted by the Senate and House of Representatives: Notwithstanding any other provision of law, the Secretary of State may not make a contribution to the United Nations Population Fund (UNFPA).

[Explanation from Wikipedia.com]: UNFPA has been accused of providing support for government programs which have promoted forced-abortions and coercive sterilizations. Controversies regarding these allegations have resulted in a sometimes shaky relationship between the organization and the US government, with three presidential administrations, that of Ronald Reagan, George H. Bush and George W. Bush withholding funding from the UNFPA.

From 2002 through 2008, the Bush Administration denied funding to UNFPA that had already been allocated by the US Congress, partly on the grounds that the UNFPA supported Chinese government programs which include forced abortions and coercive sterilizations, thus violating the Kemp-Kasten Amendment.

UNFPA says it "does not provide support for abortion services". Its charter includes a strong statement condemning coercion. UNFPA's connection to China's administration of forced abortions was disputed by investigations carried out by various US, UK, and UN teams sent to examine UNFPA activities in China. A three-person US State Department fact-finding team was sent on a two week tour throughout China, concluding that it found "no evidence that UNFPA has supported or participated in the management of a program of coercive abortion or involuntary sterilization in China," as has been charged by critics. However, according to then-Secretary of State Colin Powell, the UNFPA contributed vehicles and computers to the Chinese to carry out their population control policies.

The EU and Japan decided to fill the gap left behind by the US. In America, nonprofit organizations worked to compensate for the loss of US federal funding by raising private donations.

Congress shall protect life beginning with fertilization.

Declares that:
1. the right to life guaranteed by the Constitution is vested in each human and is the person's paramount and most fundamental right;
2. each human life begins with fertilization, cloning, or its functional equivalent, at which time every human has all legal and constitutional attributes and privileges of personhood; and
3. Congress, each state, and all U.S. territories have the authority to protect all human lives.

Prohibit federal funding to groups like Planned Parenthood.

Congressional Summary:Prohibits providing any federal family planning assistance to an entity unless the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of an act of rape or an act of incest against a minor; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.

Wikipedia Explanation:Title X of the Public Health Service Act, titled "Population Research and Voluntary Family Planning Programs" is a US government program dedicated to providing family planning services for those in need. Title X provides access to contraceptive services, supplies and information. Priority for services is given to persons of low-income.

Sponsor Remarks by Rep. Mike Pence:It is morally wrong to take the taxpayer dollars of millions of pro-life Americans and use them to promote abortion. Last year, Planned Parenthood received more than $363 million in revenue from government grants; and performed an unprecedented 324,008 abortions. The largest abortion provider in America should not also be the largest recipient of federal funding under Title X. The Title X Abortion Provider Prohibition Act will prevent any family planning funds under Title X from going to Planned Parenthood or other organizations that perform abortions. It will ensure that abortion providers are not being subsidized with federal tax dollars.

OnTheIssues Explanation: Federal money is never explicitly provided for abortions. But Planned Parenthood does provide abortions, paid for via private funds. At issue is the "fungibility" of money: Planned Parenthood can use federal funds to supplement their budget and hence free up other funds for abortion. This bill would end that practice.

Sponsored prohibiting abortion information at school health centers.

Congressional Summary:Protecting Life in Funding Education Act or the PRO-LIFE Act--to prohibit the provision of federal education funding to state or local educational agencies that make health services available to students through school-based health centers, unless those centers certify that they will not provide students with abortions, abortion-related materials or referrals, or directions to abortion services.

Proponent's argument for bill: (Sponsor Rep. Randy Neugebauer's House website)

School districts in California, Oregon, New Jersey, and New York are now partnering with Planned Parenthood, the country's largest abortion provider, to pro

No family planning assistance that includes abortion.

Prohibits providing any federal family planning assistance to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where:

1. the pregnancy is the result of an act of rape or an act of incest; or
2. a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed, including a condition caused by or arising from the pregnancy.

Ban abortion after 20 weeks, except for maternal life.

Heritage Action Summary: This legislation will protect unborn children by preventing abortions five months after fertilization, at which time scientific evidence suggests the child can feel pain.

ACLU recommendation to vote NO: (Letter to House of Representatives, 6/18/2013): The ACLU urges you to vote against the misleadingly-captioned "Pain-Capable Unborn Child Protection Act," which would ban abortion care starting at 20 weeks of pregnancy. H.R. 1797 [2013 version of H.R.36 in 2015] is part of a wave of ever-more extreme legislation attempting to restrict a woman's right to make her own decision about whether or not to continue a pregnancy. We have seen state after state try to take these decisions away from women and their families; H.R. 1797 would do the same nationwide. We oppose H.R. 1797 because it interferes in a woman's most personal, private medical decisions. H.R. 1797 bans abortions necessary to protect a woman's health, no matter how severe the situation. H.R. 1797 would force a woman and her doctor to wait until her condition was terminal to finally act to protect her health, but by then it may be too late. This restriction is not only cruel, it is blatantly unconstitutional.

Cato Institute recommendation to vote YES: (2/2/2011): Pro-lifers herald a breakthrough law passed by the Nebraska legislature on Oct. 15, 2010: the Pain Capable Unborn Child Protection Act prohibits abortion after 20 weeks gestation except when the mother has a condition which so "complicates her medical condition as to necessitate the abortion of her pregnancy to avert death or to avert serious risk of substantial or irreversible physical impairment of a major bodily function." Versions of the Pain Capable Unborn Child Protection Act are [being] introduced in a number of state legislatures.

Legislative outcome: Passed by the House 242-184-6; never came to a vote in the Senate.

Include pre-born human beings in 14th Amendment protection.

A bill to implement equal protection under the 14th Amendment to the Constitution of the United States for the right to life of each born and preborn human person.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, to implement equal protection for the right to life of each born and preborn human person, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being.

Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization.

In this Act, the terms `human person` and `human being` include each member of the species homo sapiens at all stages of life, including the moment of fertilization or cloning, or other moment at which an individual member of the human species comes into being.

Sponsored bill to protect infant survivors of abortion.

S.311/H.R.962: Born-Alive Abortion Survivors Protection Act: Congress finds the following:

• If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.
• (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.
• In the case of an attempted abortion that results in a child born alive, any health care practitioner present at the time the child is born alive shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age.

Opposing argument from Rewire.com, "Born Alive Propaganda," by Calla Hales, 4/12/2019: From restrictive bans at various points of pregnancy to a proposed death penalty for seeking care, both federal and state legislators are taking aim at abortion rights. The goal? To make abortion illegal, criminalizing patients and providers in the process. One kind of bill making a recent resurgence is the "Born-Alive Abortion Survivors Protection Act." These bills aim to further the false narrative that abortions regularly occur immediately before or, according to the president, at the time of birth. Intentional action to end the life of an infant is already illegal. This is covered by federal and state infanticide laws. These bills do nothing but vilify physicians who provide reproductive health care.

Legislative outcome Referred to Committee in House; Senate motion to proceed rejected, 56-41-3 (60 required).

Report on Medicaid payments to abortion providers.