09 LC 28
4524
Senate
Resolution 156
By:
Senators Shafer of the 48th, Smith of the 52nd, Pearson of the 51st, Unterman of
the 45th, Hudgens of the 47th and others
ADOPTED
SENATE
A
RESOLUTION
Opposing
the federal "Freedom of Choice Act;" and for other purposes.
WHEREAS,
Barack Obama, the President of the United States, has promised that one of the
top priorities of his new administration is to sign into law the federal
"Freedom of Choice Act" which promotes government subsidized abortion on demand
without restriction; and
WHEREAS,
the federal "Freedom of Choice Act" would invalidate any "statute, ordinance,
regulation, administrative order, decision, policy, practice, or other action"
of any federal, state, or local government or governmental official or anyone
acting under government authority that would "deny or interfere with a woman's
right to choose" abortion or that would "discriminate against the exercise of
the right . . . in the regulation or provision of benefits, facilities,
services, or information"; and
WHEREAS,
the federal "Freedom of Choice Act" would nullify any federal or state law
"enacted, adopted, or implemented before, on, or after the date of [its]
enactment" and would effectively prevent the State of Georgia from enacting
similar protective measures in the future; and
WHEREAS,
the federal "Freedom of Choice Act" would invalidate more than 550 federal and
state abortion related laws; laws that are supported by the majority of the
American public; and
WHEREAS,
the federal "Freedom of Choice Act" would specifically invalidate the following
common-sense, protective laws properly enacted by the State of
Georgia:
(1)
The Woman's Right to Know Act which provides information to a woman
contemplating an abortion. Such Act contains the following key
elements:
(A)
Informed consent (Code Section 31-9A-3) which requires that the woman be
informed about the risks and benefits of the abortion as well as other essential
information;
(B)
A waiting period (Code Section 31-9A-3) which includes a 24 hour reflection
period;
(C)
Ultrasound availability (Code Section 31-9A-3) which provides information about
the availability of an ultrasound and the option to view the results before
making a final decision about abortion;
(2)
Partial birth abortion law (Code Section 16-12-144) which places restrictions on
a particular method of abortion in which the person performing the abortion
partially vaginally delivers a living human fetus before ending the life of the
fetus and completing the delivery. Georgia's current partial birth abortion law
is in weakened form after a court settlement, and the passage of the federal
"Freedom of Choice Act" would not allow the state to strengthen this
law;
(3)
Restrictions on taxpayer funding of abortion (Division of Medical Assistance,
Georgia Department of Community Health,
Policies and
Procedures for Medicaid/Peachcare for
Kids) which currently only allow taxpayer
funds for abortion in the case of medical necessity;
(4)
Parental notification law (Code Sections 15-11-110 through 15-11-118) which
requires that at least one parent be notified before a minor undergoes an
abortion;
(5)
Requirements that licensed physicians perform abortions (paragraph (2) of
subsection (b) of Code Section 16-12-141);
(6)
Conscience protection for doctors and medical professionals (Code Section
16-12-142) which protects doctors and medical professionals who object to
participating in abortion; and
(7)
Health and safety regulations for abortion clinics (Georgia Department of Human
Resources Regulations, Chapters 290-5-32 and 290-5-33); and
WHEREAS,
the federal "Freedom of Choice Act" will not make abortion safe or rare but will
instead actively promote and subsidize abortion with state and federal tax
dollars and do nothing to ensure its safety; and
WHEREAS,
the federal "Freedom of Choice Act" will protect and promote the abortion
industry, sacrifice women and their health to a radical political ideology of
unregulated abortion on demand, and silence the voices of everyday Americans who
want to engage in a meaningful public discussion and debate over the
availability, safety, and even desirability of abortion.
THEREFORE,
BE IT RESOLVED BY THE SENATE that the members of this body strongly oppose the
federal "Freedom of Choice Act" and urge the United States Congress to reject it
summarily.
BE IT FURTHER RESOLVED that the members of this body strongly oppose the federal "Freedom of Choice Act" because it seeks to circumvent the states' general legislative authority as guaranteed by the Tenth Amendment to the United States Constitution.
BE IT FURTHER RESOLVED that the members of this body strongly oppose the federal "Freedom of Choice Act" because it seeks to circumvent the states' general legislative authority as guaranteed by the Tenth Amendment to the United States Constitution.
BE
IT FURTHER RESOLVED that the members of this body strongly oppose the federal
"Freedom of Choice Act" because it seeks to undermine the right and
responsibility of the states and the people to debate, vote on, and determine
abortion policy.
BE
IT FURTHER RESOLVED that the members of this body strongly oppose the federal
"Freedom of Choice Act" because the protection of women's health through state
regulations on abortion is a compelling state interest that should not be
nullified by Congress.
BE
IT FURTHER RESOLVED that the members of this body strongly oppose the federal
"Freedom of Choice Act" because its enactment would nullify numerous laws in the
State of Georgia; laws that the General Assembly and the people of Georgia
strongly support.
BE
IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed
to send an appropriate copy of this resolution to Governor Sonny Perdue,
President Barack Obama, the President of the United States Senate, and the
Speaker of the United States House of Representatives.