1. health and fitness

Talking Points
Reproductive Rights:
Reproductive Services Act
Background
1

New York’s law regulating abortion was passed in 1970, three years before Roe v. Wade was
decided by the U.S. Supreme Court and one of the first states to legalize abortion. However,
this law lacks important protections that can be found in federal law.

The women of New York State rely on the federal Constitution to guarantee those rights,
leaving them vulnerable to further erosion by the Supreme Court.

Much has changed over the past 40+ years, and while medical science and technology have
advanced, New York law has lagged behind and is woefully inadequate.

In New York State, abortion is regulated in the Criminal Code, rather than the Public Health
Law where all other medical procedures and care are regulated.

Under New York law, a woman’s health is not protected should a tragic and serious
condition arise late in the pregnancy; it only provides should the life of the woman be in
danger.

New York law does not contain the health exception for the mother or even an affirmative
guarantee protecting women’s right to make private reproductive health decisions.

The health of the woman must be a primary factor in decisions made by health
professionals, and New York already regulates health professionals and the standards that
define what they can and cannot do.

The Reproductive Services Act is one prong of the Women’s Equality Agenda, and was
passed by the Assembly on March 25, 2015. It has not yet come to a vote in the Senate.

This bill proposes realigning New York law with current federal law and medical practice as
well as refocusing existing statutes by moving them to the Public Health Law.

In 88% of counties in the United States, there are no abortion clinics.

Key laws in New York State related to abortion access and reproductive health:1
From NARAL Pro-Choice America
o
Certain individuals or hospitals can refuse to provide specific services (i.e. an
abortion), information or referrals
o
New York requires abortion providers to abide by restrictions by which other
medical professionals do not have to abide (Targeted Regulation of Abortion
Providers, TRAP laws)
o
New York law ensures that victims of sexual assault can access emergency
contraception in emergency rooms
o
Health insurance plans that cover prescriptions must similarly cover contraception
o
New York provides low-income women access to abortion, and for some women,
increased coverage for family planning funded by Medicaid
o
New York restricts post-viability abortion
Jewish Values

The URJ has continuously reaffirmed its commitment to reproductive health with
resolutions in 1967, 1975, 1981, and 1990, stating in 1975 that "in any decision whether or
not to terminate a pregnancy, the individual family or woman must weigh the tradition as
she struggles to formulate her own religious and moral criteria to reach her own personal
decision....We oppose all constitutional amendments that would abridge or circumscribe
this right."

“If a woman’s labor becomes life threatening, the one to be born is dismembered in her
abdomen… for her life comes before the life of the fetus. Once most of the child has emerged
it is not to be touched, for one soul is not to be put aside for another.” (Mishnah Ohalot 7:6)

“When men fight, and one of them pushes a pregnant woman and a miscarriage results, but
no other damage ensues, the one responsible shall be fined according as the woman’s
husband may exact from him, the payment to be based on reckoning. But if other damage
ensues, the penalty shall be life for life, eye for eye…” (Exodus 21:22-21:24)

“Prior to forty days of gestation the fetus is mayim b’alma [mere water].” (Mishnah Yevamot
69b)

“…Patients have an obligation to obtain health care. Our bodies and souls belong to God,
and we have to ensure that they are cared for. The verse in Deuteronomy (4:15) ‘You shall
indeed guard your souls," has traditionally been interpreted as commanding us to protect
our health. Furthermore, based on the passage in the Talmud, "Whoever is in pain, lead him
to the physician,’ (Baba Kamma 46B), the rabbis concluded that Jew should live in cities
where doctors live, in order to have access to health care’” (1993 URJ resolution on Reform
of the Health Care System)
Legislative Ask
Assembly: If your Assemblymember voted for the Reproductive Services Act (A. 6221), thank them
for their support. If your Assemblymember voted against the Reproductive Services Act (A. 6221),
acknowledge your difference of opinion, and ask them to reconsider their vote the next time a bill
related to reproductive rights comes before the Assembly.
Senate:
I urge the Senator to vote for the Reproductive Services Act (S. 4432), which ensures that the
protections under the Supreme Court’s decision in Roe v. Wade are reflected in New York State law.
Senate cosponsors
Stewart-Cousins (D-35)
Espaillat (D-31)
Serrano (D-29)
Krueger (D-28)
Breslin (D-44)
Squadron (D-26)
Assembly voted for (if your member is not on
this list, they voted against)
Galef (D-95)
Paulin (D-88)
Rosenthal (D-67)
Schimel (D-16)
Abinanti (D-92)
Lavine (D-13)
Bronson (D-138)
Fahy (D-109)
Kavanagh (D-74)
McDonald (D-108)
Morelle (D-136)
Steck (D-110)
Otis (D-91)
Seawright (D-76)
Simon (D-52)