Pope Signs Abortion Law: What Does It Mean?

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo in 2019. The RHA decriminalised abortion, eliminated restrictions on voluntary abortions, and codified Roe v. Wade into New York State law. It was criticised by religious figures and politicians, including Vice President Mike Pence, for removing abortion from the criminal code, with potential consequences for crimes against pregnant women.

Cuomo's actions sparked debate about whether he should be excommunicated from the Catholic Church. Some argued that his conduct warranted ecclesiastical consequences, while others claimed that excommunication would be ineffective or counterproductive.

The Reproductive Health Act

The RHA passed the New York State Senate by a vote of 38–24 on January 22, 2019, the 46th anniversary of the United States Supreme Court's Roe v. Wade ruling. The state Assembly passed the RHA, 92–47, on the same day. It was signed into law by Governor Andrew Cuomo that evening.

The RHA legalises all abortions on demand up to 24 weeks of gestation. Beyond 24 weeks, abortion is legal if the woman's life or health is at risk, or if the foetus is not viable. The terms "health", "at risk", and "viable" were not defined in the RHA. It is up to the discretion of a woman's medical provider to determine if her health is at risk, and it is up to medical providers to determine if a foetus is viable, based on some specific medical criteria.

The RHA permits advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives, to lawfully provide abortion services if they have the appropriate qualifications, and if this falls within their scope of practice.

The RHA sets forth the fundamental rights of individuals to make autonomous decisions about their own reproductive health, including the fundamental right to use or refuse reproductive health care. This includes the fundamental right of an individual to use or refuse contraception or sterilisation, and to make autonomous decisions about how to exercise that right; and the fundamental right of an individual who becomes pregnant to continue the pregnancy and give birth to a child, or to have an abortion, and to make autonomous decisions about how to exercise that right. This Act restricts the ability of the State to deny, interfere with, or discriminate against these fundamental rights.

The RHA further strengthened abortion rights in New York and enshrined into law a requirement that health plans in New York must cover abortion services, without co-pays or deductibles.

The Catholic Church's response

The Reproductive Health Act (RHA) was signed into law by Gov. Cuomo on January 22, 2019. The RHA decriminalized abortion and eliminated several restrictions on voluntary abortions in the state. The RHA was celebrated by Gov. Cuomo, who ordered One World Trade Center and other landmarks to be lit in pink to commemorate the bill's passage.

However, other Catholic leaders did not call for Gov. Cuomo to be excommunicated. For instance, Cardinal Timothy Dolan of New York did not publicly excommunicate Gov. Cuomo. Instead, Cardinal Dolan released a statement saying that the RHA was a ""sad day" for New York.

In addition, some Catholic commentators argued that Gov. Cuomo's actions were not grounds for excommunication. For example, Kenneth L. Woodward argued that Gov. Cuomo's actions were "not a violation of canon law that would require excommunication."

The bill's supporters

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo on January 22, 2019, the 46th anniversary of the United States Supreme Court's Roe v. Wade ruling. The RHA protects abortion rights, decriminalises abortion, and eliminates several restrictions on voluntary abortions in the state of New York.

The RHA was supported by a number of politicians and public figures, including:

• Lieutenant Governor Kathy Hochul
• Senate Majority Leader Andrea Stewart-Cousins
• Senator Liz Krueger
• Assembly Speaker Carl Heastie
• Assemblymember Deborah J. Glick
• Gloria Steinem
• Andrea Miller, President of the National Institute of Reproductive Health Action Fund
• Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State Acts
• NYCLU Executive Director Donna Lieberman

The RHA was also supported by a number of religious organisations, including:

• The American Lutheran Church
• The Central Conference of American Rabbis
• The Presbyterian Church in the United States
• B'nai B'rith Women
• The Women of the Episcopal Church

Reasons for Support

Supporters of the RHA argued that the bill was necessary to codify abortion rights in the state, in the event that Roe v. Wade was overturned and the issue of abortion legality returned to the states. The bill was also supported on the grounds that it would take abortion out of the state criminal code, and place it in public health law.

The RHA also allowed for abortion services to be provided by advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives. Studies have shown that APCs who are trained to provide abortion services can do so safely, and this will increase the accessibility of abortions.

The bill's critics

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo in 2019. The RHA has been criticised by many, including religious leaders, for its expansion of abortion rights in the state of New York.

The RHA has been described as "gruesome", "horrific", and "despicable". Critics have taken issue with the law's allowance of abortions up until the moment of birth, the permission of non-doctors to perform abortions, and the removal of recognition of preborn babies older than 24 weeks as potential homicide victims.

The law has been criticised for its potential to enable the "indescribable barbarity of late-term abortions", including the "painful scalding of babies to death with saline solutions, or the administration of lethal injections and the cruel dismemberment of sometimes-still-living babies".

Some critics have called for Governor Cuomo to be excommunicated from the Catholic Church, with one commentator stating that "Cuomo-qua-Catholic must now face ecclesiastical consequences for his egregious actions".

The RHA has also been criticised for its potential consequences for crimes against pregnant women, with one state representative arguing that removing abortion from the criminal code means that "if a fetus dies as the result of an assault on a woman, there would be no prosecution".

The bill's implications

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo in January 2019. The RHA has several implications, including:

• Abortion rights protection: The RHA protects women's reproductive rights by ensuring New Yorkers can make personal healthcare decisions without fear of criminal penalty. It decriminalises abortion, allowing women to access abortions without legal repercussions and protecting the doctors who perform them.
• Codifying Roe v. Wade: The RHA codifies Roe v. Wade into New York State law, ensuring that women have the fundamental right to control their bodies and make their own healthcare decisions, including the ability to access abortions.
• Increased access to abortions: The RHA allows advanced practice clinicians (APCs), such as physician assistants, nurse practitioners, and licensed midwives, to perform abortions if they have the appropriate qualifications and it falls within their scope of practice. This increases the number of medical practitioners who can provide abortions, making abortions more accessible to women.
• Removal of restrictions: The RHA removes several restrictions on voluntary abortions, including the ban on abortions after 24 weeks of pregnancy, except to save the life of the pregnant woman. It also removes the restriction that only licensed physicians can perform abortions.
• Impact on criminal prosecutions: The RHA's removal of abortion from the criminal code has implications for crimes against pregnant women. Some argue that if a fetus dies as a result of an assault on a pregnant woman, there may be no prosecution. However, supporters of the RHA argue that violence resulting in a loss of pregnancy can still be prosecuted as first-degree assault.
• Political and social implications: The signing of the RHA has political implications, with Governor Cuomo celebrating it as a victory for "progressive values". It also has social implications, as it ensures that women in New York have the legal right to control their bodies and make their own healthcare decisions, which may lead to increased access to abortions and a potential increase in the number of abortions performed in the state.

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