Hyde Amendment
Encyclopedia
In U.S. politics
, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortion
s. It is not a permanent law, rather it is a "rider
" that, in various forms, has been routinely attached to annual appropriations bills since 1976. The Hyde Amendment applies only to funds allocated by the annual appropriations bill for the Department of Health and Human Services. It primarily affects Medicaid
.
The original Hyde Amendment was passed on September 30, 1976 by the House of Representatives
, by a 207-167 vote. It was named for its chief sponsor, Republican
Congressman Henry Hyde
of Illinois
. The measure was introduced in response to the U.S. Supreme Court's 1973 Roe v. Wade
decision legalizing abortion, and represented the first major legislative success by the anti-abortion movement.
and the American Civil Liberties Union
, assert that it unfairly targets low-income women, stating the amendment effectively ended the provision of abortions for low-income women across the United States through Medicaid
, the federal health insurance
program for low-income Americans. As a rider
attached to the yearly appropriations bill for Medicaid, it occasioned intense debate in Congress each time that it came up for renewal. The original measure made no exceptions for cases of pregnancies that were the result of rape
or incest
or that threatened the lives of pregnant woman, provoking an outcry from women's rights
advocates. As a result, beginning in 1977 language was added to provide for such circumstances; however, the exact wording has varied from one year to the next, subject to the outcome of Congressional bargaining on the issue.
volunteers, Indian Health Service
clients, or federal prisoners.
The Hyde Amendment should not be confused with the Mexico City Policy
, which prohibited US government funds from going to agencies that promote or perform abortions in other countries. It prevented funds to agencies that promoted abortion regardless of whether or not they actually performed them, while the Hyde Amendment has a more limited scope.
The Stupak–Pitts Amendment, an amendment to the Affordable Health Care for America Act
, was introduced by Democratic Rep. Bart Stupak
of Michigan. It prohibits use of Federal funds "to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion" except in cases of rape, incest or danger to the life of the mother, and was included in the bill as passed by the House of Representatives on November 7, 2009. However, the Senate bill passed by the House on March 21, 2010 did not contain that Hyde Amendment language. As part of an agreement between Rep. Stupak and President Obama to secure Stupak's vote, the President issued an executive order on March 24, 2010 affirming that the Hyde Amendment would extend to the new bill.
Politics of the United States
The United States is a federal constitutional republic, in which the President of the United States , Congress, and judiciary share powers reserved to the national government, and the federal government shares sovereignty with the state governments.The executive branch is headed by the President...
, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
s. It is not a permanent law, rather it is a "rider
Rider (legislation)
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its...
" that, in various forms, has been routinely attached to annual appropriations bills since 1976. The Hyde Amendment applies only to funds allocated by the annual appropriations bill for the Department of Health and Human Services. It primarily affects Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
.
The original Hyde Amendment was passed on September 30, 1976 by the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, by a 207-167 vote. It was named for its chief sponsor, Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Congressman Henry Hyde
Henry Hyde
Henry John Hyde , an American politician, was a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's northwestern suburbs which included O'Hare International Airport...
of Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
. The measure was introduced in response to the U.S. Supreme Court's 1973 Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
decision legalizing abortion, and represented the first major legislative success by the anti-abortion movement.
Effect on low-income women
Opponents of the amendment, such as the National Abortion FederationNational Abortion Federation
The National Abortion Federation is an organization of abortion providers. Though originally a U.S. group, NAF has expanded to include practitioners in Canada and Australia as well as many European countries and Mexico...
and the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, assert that it unfairly targets low-income women, stating the amendment effectively ended the provision of abortions for low-income women across the United States through Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
, the federal health insurance
Health insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
program for low-income Americans. As a rider
Rider (legislation)
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its...
attached to the yearly appropriations bill for Medicaid, it occasioned intense debate in Congress each time that it came up for renewal. The original measure made no exceptions for cases of pregnancies that were the result of rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
or that threatened the lives of pregnant woman, provoking an outcry from women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
advocates. As a result, beginning in 1977 language was added to provide for such circumstances; however, the exact wording has varied from one year to the next, subject to the outcome of Congressional bargaining on the issue.
State actions
The cutoff of federal Medicaid funds prompted some states to provide public funding for abortion services from their own coffers. Over time the number of states doing so has gradually expanded, either through legislation or consequent to judicial rulings mandating equal access to health care for low-income women. As of 2007, 17 of the 50 states provide such funding, and 13 of these are required by court order to do so.Related laws
The Hyde Amendment inspired the passage of other similar provisions extending the ban on funding of abortions to a number of other federal health care programs. Consequently, those federal government employees who wish to have abortions must pay for them "out-of-pocket". In addition, abortion services are not provided for U.S. military personnel and their families, Peace CorpsPeace Corps
The Peace Corps is an American volunteer program run by the United States Government, as well as a government agency of the same name. The mission of the Peace Corps includes three goals: providing technical assistance, helping people outside the United States to understand US culture, and helping...
volunteers, Indian Health Service
Indian Health Service
Indian Health Service is an Operating Division within the U.S. Department of Health and Human Services . IHS is responsible for providing medical and public health services to members of federally recognized Tribes and Alaska Natives...
clients, or federal prisoners.
The Hyde Amendment should not be confused with the Mexico City Policy
Mexico City Policy
The Mexico City Policy, also known by critics as the Mexico City Gag Rule and the Global Gag Rule, was an intermittent United States government policy that required all non-governmental organizations that receive federal funding to refrain from performing or promoting abortion services, as a...
, which prohibited US government funds from going to agencies that promote or perform abortions in other countries. It prevented funds to agencies that promoted abortion regardless of whether or not they actually performed them, while the Hyde Amendment has a more limited scope.
The Stupak–Pitts Amendment, an amendment to the Affordable Health Care for America Act
Affordable Health Care for America Act
The Affordable Health Care for America Act was a bill that was crafted by the United States House of Representatives in November 2009. At the encouragement of the Obama administration, the 111th Congress devoted much of its time to enacting reform of the United States' health care system...
, was introduced by Democratic Rep. Bart Stupak
Bart Stupak
Bartholomew Thomas "Bart" Stupak is a lobbyist and American politician of the Democratic Party. He served as the U.S. Representative from from 1993 to 2011....
of Michigan. It prohibits use of Federal funds "to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion" except in cases of rape, incest or danger to the life of the mother, and was included in the bill as passed by the House of Representatives on November 7, 2009. However, the Senate bill passed by the House on March 21, 2010 did not contain that Hyde Amendment language. As part of an agreement between Rep. Stupak and President Obama to secure Stupak's vote, the President issued an executive order on March 24, 2010 affirming that the Hyde Amendment would extend to the new bill.