New Trump HHS rule affirms that abortion is not a civil right

MONTGOMERY, AL - MAY 19: Protestors participate in a rally against one of the nation's most restrictive bans on abortions on May 19, 2019 in Montgomery, Alabama. Demonstrators gathered to protest HB 314, a bill passed by the Alabama Legislature last week making almost all abortion procedures illegal. (Photo by Julie Bennett/Getty Images)

LIVE ACTION/ Bridget Sielicki-

The U.S. Department of Health and Human Services (HHS) finalized a rule on June 12 clarifying that abortion is not a civil right, rolling back language adopted during the Obama administration.

The new rule revises Section 1557 of the Affordable Care Act which, in 2016, redefined “sex” to include “termination of pregnancy.” Because legislation in the Affordable Care Act forbids sex discrimination, insurance companies, hospitals, and medical providers who received federal funding were mandated to offer abortion services under the language of the 2016 provision. This language, however, was quickly tied up in litigation that rendered it unenforceable. A court ruling in December 2016 preliminarily enjoined the provisions, prohibiting HHS from enforcing them. A federal court ruling in October 2019 then vacated and remanded those provisions as unlawful.

This new ACA revision now brings Section 1557 into conformity with the law. The new language also brings the ACA into compliance with conscience protection laws. Continue reading…