[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 664 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. RES. 664
Expressing opposition to the criminalization of essential healthcare,
including the full range of sexual and reproductive healthcare such as
abortion, gender-affirming care, and contraceptive care, and
disapproving of the criminalization of pregnancy outcomes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8 (legislative day, June 7), 2022
Ms. Duckworth (for herself, Mrs. Murray, Ms. Baldwin, Mr. Cardin, Mr.
Murphy, Mr. Whitehouse, Mrs. Feinstein, Ms. Warren, Mr. Blumenthal, Mr.
Markey, Ms. Stabenow, Mr. Merkley, Mr. Wyden, Mr. Padilla, Mr. Peters,
Ms. Hirono, Ms. Smith, and Mr. Heinrich) submitted the following
resolution; which was referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
RESOLUTION
Expressing opposition to the criminalization of essential healthcare,
including the full range of sexual and reproductive healthcare such as
abortion, gender-affirming care, and contraceptive care, and
disapproving of the criminalization of pregnancy outcomes.
Whereas access to the full range of sexual, gender-affirming, and reproductive
healthcare, including abortion, is essential to the health and well-
being of all people;
Whereas reproductive and sexual healthcare providers, and those who support
people making important healthcare decisions, provide high-quality,
essential healthcare and play a critical role in ensuring people are
able to make decisions about their bodies and lives with dignity,
empathy, compassion, and respect;
Whereas no one should be criminalized for providing essential healthcare;
Whereas no one should be criminalized for their pregnancy outcomes, for using
contraception, or for obtaining gender-affirming care;
Whereas States and localities have attempted to prohibit healthcare providers
from providing gender-affirming and reproductive healthcare, including
abortion care, to patients;
Whereas people have been prosecuted in the United States for their actions
during pregnancy that allegedly caused harm or risk to their
pregnancies;
Whereas people have been forced to undergo unwanted medical procedures or
surgical interventions, including involuntary sterilization and cesarean
sections, prosecuted for not seeking healthcare, prosecuted for
experiencing a miscarriage or stillbirth, criminalized for alcohol and
drug use during pregnancy, and prosecuted for self-managing an abortion;
Whereas groups like the American Medical Association, American Public Health
Association, American Academy of Pediatrics, American Society of
Addiction Medicine, the American College of Obstetricians and
Gynecologists, the American Bar Association, and others oppose the
criminalization of healthcare provision and the criminalization of
pregnancy outcomes;
Whereas the threat of criminalization or prosecution can result in negative
outcomes by intimidating people from seeking or providing care;
Whereas abortion and gender-affirming care have become increasingly restricted
in the United States;
Whereas research shows there is an increased need and demand for pills to self-
manage an abortion in States with abortion restrictions, and that self-
managed abortion with access to medications and accurate information is
safe;
Whereas the reasons why people self-manage an abortion are varied and valid;
Whereas healthcare providers have an ethical obligation to provide essential
care to their patients and to protect the private medical information
integral to the patient-provider relationship;
Whereas even when charges are dropped or the defendant is exonerated, the
turmoil caused by arrest or prosecution is irreparable;
Whereas several States have taken steps to repeal or reform laws that had been
used to criminalize pregnancy outcomes and to increase access to
abortion, contraception, and gender-affirming care;
Whereas Black, indigenous, and people of color, people with low incomes, LGBTQ+
individuals, and other marginalized individuals are disproportionately
likely to be surveilled, arrested, charged, prosecuted, convicted, and
heavily punished within the criminal justice system;
Whereas Black, indigenous, and people of color, people with low incomes, LGBTQ+
individuals, and other marginalized individuals are more likely, due to
persistent disparities, to experience adverse pregnancy outcomes that
place them under the scrutiny of the legal system; and
Whereas punishing people for their pregnancy outcomes or for providing essential
reproductive and sexual healthcare violates their fundamental rights:
Now, therefore, be it
Resolved, That the Senate--
(1) condemns the misapplication of criminal laws to punish
people for the outcomes of their pregnancies;
(2) affirms that people deserve access to high-quality
healthcare without fear of reprisal or punishment;
(3) condemns the criminalization of providing essential
healthcare;
(4) affirms the ethical obligations of healthcare providers
to safeguard patient privacy; and
(5)(A) declares a vision for a future where access to
abortion, contraception, and gender-affirming care is free from
restrictions and bans universally, and people are able to
manage care on their own terms, free from discrimination or
punishment; and
(B) affirms the commitment of the Senate to working toward
this goal in partnership with providers, patients, advocates,
and their communities.
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