The History and Effect of Abortion Conscience Clause Laws

Publication Date: February 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Law and ethics

Type:

Abstract:

Conscience clause laws allow medical providers to refuse to provide services to which they have religious or moral objections. In some cases, these laws are designed to excuse such providers from performing abortions. Only one abortion conscience clause bill, S. 1983, has been introduced since the inception of the 109th Congress. Although there has been no major legislative activity with regard to this bill, Congress has, in recent years, passed appropriations legislation that contains conscience clause provisions.

This report describes the history of the conscience clause as it relates to abortion law and provides a legal analysis of the effects of such laws, including the provision that was enacted under H.R. 3010, the FY2006 appropriations bill for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (P.L. 109-149). Legislators are likely to consider adding similar conscience clause provisions to appropriations legislation during the second session of the 109th Congress.