California bill to capture U.S. funds to protect state abortion against potential legal challenge
Siding with abortion-rights supporters, the Schwarzenegger administration is pushing legislation to capture millions in new federal funds while helping to protect a woman's right to abortion against potential legal challenge.
The measure, Assembly Bill 794, was sent to the governor Thursday after the Assembly concurred in amendments, 44-25.
Gov. Arnold Schwarzenegger's office declined to discuss his views of the bill, which is co-sponsored by the administration's Health and Human Services Agency.
Regarded by many as a test of Schwarzenegger's position on abortion, AB 794 could place the governor at odds with most Republican legislators.
Supporters hail the bill as a way to capture much-needed federal funds, without a tax increase, in a time of fiscal crisis.
"Basically this measure is consistent with the governor's commitment to get California's fair share of federal funding," said Sabrina Demayo Lockhart, HHS spokeswoman.
Opponents counter that the bill is rooted in abortion politics and that it might hurt, not help, the state's fiscal prospects.
"They're willing to jeopardize the health of poor women and children in order to maintain some aura of being a pro-abortion state," said Camille Giglio, director of California Right to Life Inc.
AB 794 was rushed through the Legislature, amended into an unrelated bill this month, to meet a federal funding deadline.
Under federal guidelines, the $304 million sought by the state is to be used to serve low-income children "under the age of 19 years, including the period from conception to birth."
Supporters of abortion rights want the state to receive the money, but not under those terms, which they fear could jeopardize women's reproductive rights by indicating that a fetus has rights.
Acceptance of the $304 million, without contest, potentially could be used against California in court challenges to Roe v. Wade, the 1973 U.S. Supreme Court case that legalized abortion.
AB 794 serves notice that California plans to spend such federal funds serving pregnant women, not just children, and that legislators have no intention of altering women's reproductive rights.
The money is earmarked for Medi-Cal services and for the state's Access for Infants and Mothers Program. Pregnant women targeted include illegal immigrants not covered by health insurance.
Doctor's visits, nutrition counseling, dental care and other prenatal services could be bankrolled with the federal funds, but their use for abortions is prohibited, Lockhart said.
Assemblywoman Judy Chu, a Monterey Park Democrat who proposed AB 794, said the bill would carry legal weight if a conflict occurred between a woman's rights and those of her fetus.
Chu, citing an example, said a pregnant woman with a psychiatric illness potentially could need drugs that might threaten her fetus.
"Who is the primary focus?" Chu asked rhetorically. "What our current laws say is that the woman is the focus."
Chu notes that AB 794 is similar to a successful application by Illinois for federal health care funding.
Assembly Republicans, unconvinced, argued on the floor Thursday that setting conditions for receiving the money could cause a backlash.
"In essence, what we're telling the government is, 'We want your money to run this program, but we're not going to do it the way you want,' " said Assemblyman Greg Aghazarian, R-Stockton.
Kathy Kneer, president of Planned Parenthood Affiliates of California, said she does not see why AB 794 should offend opponents of abortion rights.
"I would hope they're recognizing that we're using the money for prenatal care for pregnant women," she said. "I would hope that's consistent with their pro-life views."
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Posted by Editor at June 27, 2005 07:53 AM
