The Freedom of Choice Act (FOCA) would invalidate common-sense laws that North Dakotans have enacted into law to protect human life, the health of women, and religious liberty.
FOCA would wipe out no less than 18 state laws and policies. These laws protect women’s health, respect the rights of parents, protect the conscience of health care providers, place common-sense limits on abortion, and ensure that taxpayers are not forced to fund actions they find morally objectionable. Moreover, studies demonstrate that these types of laws actually work to reduce abortion.
FOCA would eliminate or jeopardize the following North Dakota laws and state programs:
- Parental Involvement Before a Minor gets an Abortion (14-02.1-03.1)
- Informed Consent Requirements (14-02.1), under which a woman must be told:
The name of the physician who will perform the abortion;
The medical risks associated with the abortion;
The gestational age of the unborn child;
That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
That the father is liable to assist in the support of her child;
That she can view materials on fetal development; and
That she can have materials on assistance and alternatives to abortion
- Protection from Being Forced to Participate in an Abortion (23-16-14)
- The Alternatives to Abortion Program
- Requirement that Abortions be Performed by Licensed Physicians (14-02.1-04)
- Ban on Partial-Birth Abortion (14-02.6) Ban on abortion referrals by school employees (15.1-19-06)
- Restrictions on Use of Tax Money for Abortions (14-02.3-01)
- Required Waiting Period Before an Abortion (14-02.1)
- Restrictions on Post-Viability Abortions (14-02.1)
- Requirement to Protect a Viable Fetus Born Alive (14-02.1-08)
- State Policy of Favoring Childbirth Over Abortion (14-02.3-01)
- Restriction on the Use of Public Funds for the Referral, and Encouragement of Abortion (14-02.3-02)
- Restriction on Payment for Abortions in Health Insurance Policies (14-02.3-03)
- Prohibition on a Health Care Agent’s Ability to Order an Abortion on an Incapacitated Person (23-06.5-03)
- Abortion Reporting Requirements (14-02.1-07)
- Ban on “Reproductive Cloning” (12.1-39)
- “Trigger” Ban on Abortion
FOCA Would Also:
- Require that the state employees health insurance program (ND-PERS) cover abortions with taxpayer money;
- Require that all hospitals and physicians, including Catholic hospitals, perform abortions and administer abortifacients;
- Prohibit ultrasound requirements like that in HB 1371;
- Prohibit restrictions on sex-selection abortions;
- Prohibit laws to ensure that women are not coerced to have an abortion;
- Mandate government funding of pre-birth diagnoses for the purpose of facilitating abortions; and
- Prohibit any restrictions on teaching abortion at the UND Medical School.
The people of North Dakota have shown that they care about human life, the health of women, parental rights and involvement, and religious liberty. FOCA would disrespect the wishes of North Dakotans by wiping away years of good work and by preventing the state from moving forward in respecting human rights. As people of good will, North Dakotans of all faiths must oppose FOCA, any similar legislation, and any other effort to infringe upon our right to protect human life and religious liberty.