The Hyde Amendment at 37: An Unhappy Birthday

Thirty-seven years ago today, Congress passed the Hyde Amendment, prohibiting federal dollars from funding abortion, mostly through Medicaid. The law as it stands contains exceptions for cases of rape, incest and life endangerment of the mother. It was passed in response to the landmark Supreme Court decision in Roe v. Wade (1973), which legalized abortion in the United States.

The Hyde Amendment is not permanently on the books – it is attached to appropriations bills (a “must-pass” bill) as a “rider” that affects the funding for the Department of Health and Human Services. Since 1976 when it was first passed, it has had damaging effects as the women who receive their health coverage through Medicaid, Medicare and military women serving at home and abroad are often unable to access safe, legal and affordable abortions. In Harris v. McRae (1980), the Supreme Court upheld the Constitutionality of the Hyde Amendment, and decided that states that participated in Medicaid were not obliged to contribute funds for abortions deemed medically necessary for which reimbursement from the federal government was blocked under Hyde. Ultimately, the continual passage of the Hyde Amendment often means that women on Medicaid and Medicare cannot have an abortion. Those on Medicaid need government aid the most, and without their federally funded health coverage, it is unlikely they would be able to afford an abortion. For low-income women, the Hyde Amendment often means a choice between a necessary medical procedure and other daily necessities of living like food and childcare. Our Jewish tradition teaches us that all life is sacred. We are taught that women ought to emphasize their own health and wellbeing above all else, as Judaism puts greater significance on existing life than potential life. There are many instances of this teaching. For example, Mishnah Ohaloth 7:6 prohibits a woman from sacrificing her life for that of the unborn fetus. If her life is in danger, this source commands no other choice but abortion. Although the Hyde Amendment leaves a difficult and damaging legacy, that does not mean we cannot take action. Representative Louise Slaughter (D-NY) and Senator Kirsten Gillibrand (D-NY) have each introduced the MARCH Act to their respective houses in Congress. The MARCH Act would provide contraceptive care to military women. While not totally offsetting effects of Hyde, it would certainly go a long way in resetting our policy on women’s health and reproductive choice. Take action today!   To learn more about Jewish views on reproductive rights click here. To learn more about the Hyde Amendment, check out this document from NARAL here.   This piece was originally posted at RACblog.