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October 18 2008

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Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate a pregnancy after fetal viability when necessary to protect her life or her health.

Prohibits a federal, state, or local governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively.

Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action.

Introduced April 19, 2007
Current Status: Pending U.S. Senate Judiciary Committee

What's the problem with this Legislation?

The argument on principle

The politicians that drafted S1173 were forgetting about someone. This legislation excludes the possibility that the unborn child in the womb has any right to life. Clearly S1173 is forgetting that an unborn child is human and deserves protection. The "right" to terminate a pregnancy for any reason has no historic basis in Western law. To accept such a premise and place it into a law  is a serious departure from prior legal tradition. 

The argument on process
If S 1173 passes the US legal code would be stating abortion is a fundamental right. Passing S 1173 requires only a simple majority vote for passage in Congress. Such a fundamental change should require the passage of a Constitutional Amendment. Such an amendment would require a two-thirds majority vote of the US House and Senate and the ratification of three-fifths of the States via their elected legislatures.

Pro-abortion lawmakers are trying to pull a fast one on the American people by giving S 1173, a statutory provision of the US Code, the legal construction and power of a constitutional amendment. Its a trick and is indicative of the profound disrespect pro-abortion leaders have for the rule of law and the consent of the governed.

S 1173 would cancel out a number of state and federal laws regulating the practice and procedure of abortion including parental notification and bans on partial birth abortions. Such power to wipe out existing laws and Supreme Court decisions upholding those laws should require an amendment to the US Constitution.

Who's behind this legislation?

Senator Obama has made at least two statements on this legislation.

April 2007 Quote

Jan. 11, 2008 (Anniversary of Roe v. Wade):
"When South Dakota passed a law banning all abortions in a direct effort to have Roe overruled, I was the only candidate for President to raise money to help the citizens of South Dakota repeal that law. When anti-choice protesters blocked the opening of an Illinois Planned Parenthood clinic in a community where affordable health care is in short supply, I was the only candidate for President who spoke out against it. And I will continue to defend this right by passing the Freedom of Choice Act as president."

"The first thing I'd do as president is sign the Freedom of Choice Act. That's the first thing that I'd do."
Senator Barack Obama, speaking to the Planned Parenthood Action Fund, July 17, 2007

Obama's full press statement:

List of Co-sponsors

What you can do?

Stay informed on the issue here at

Contact your elected officials and ask them for their position on the Freedom of Choice Act and urge them to vote for the defeat of the measure. You can reach your US Representative and Senator at (202) 224-3121.

Listen to the Saddleback Civil Forum and hear where Senator Obama and Senator McCain stand on the life issue and much more.

Senator Barack Obama's Response
Senator John McCain's Response

Tell everyone you know about S1173, the Freedom of Choice Act, by sending them this information via email.

Thank you.



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