In 1973, the United States Supreme Court, in the case of Roe v. Wade, legalized abortion throughout the country. Since then many states have passed laws regulating abortion and women's access to the procedure. The Reproductive Health and Privacy Protection Act (RHAPPA) is a proposed piece of legislation currently in the New York State Senate. Sponsored by pro-choice senators, the legislation makes clear that women in New York have the right to privacy and the right to decide to end or continue a pregnancy, and ensures that abortion will remain legal in New York State, even if Roe v. Wade is overturned, according to the NOW-NYC website.
Background
In 2007 the U.S. Supreme court, in Gonzales v. Carhart, upheld the federal "Partial Birth Abortion Ban Act." This law did not include provisions for exceptions in the case of risk to the health of a pregnant woman. Former New York Gov. Elliot Spitzer proposed revision to New York's abortion laws following Gonzales v. Carhart.
Purpose
The purpose of the law is to revise New York State law in the event that Roe v. Wade is overturned by the United States Supreme Court, leaving abortion law to be determined by states.
The Law
As of January 2010, New York State's abortion law does not include a health exception for a pregnant woman. In response to the current law, supporters of reproductive choice proposed the Reproductive Health Act, which "provides a fundamental right to choose contraception and the right of a female to determine the course of a pregnancy; authorizes abortion prior to viability; defines terms; decriminalizes abortion."
Political Background
The RHAPPA was first introduced in the New York State Senate in 2007 as S6045 by Senator Andrea Stewart-Cousins, who represents New York's 35th District in Westchester County. In 2008 the bill was reintroduced as S5808 and is now called The Reproductive Health Act. In June of 2009 the bill was referred to the Rules Committee; in January of 2010 it was referred to the Health Committee.
Public Health Code
New York State's current abortion law is located in the penal code, permitting abortion up to 24 weeks of pregnancy. The Reproductive Health Act would move it into the public health code, giving a woman the right to terminate a pregnancy prior to fetal viability or whenever necessary to protect her life or health, according to the American Congress of Obstetricians and Gynecologists. The determination of fetal viability would be made by a physician.
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