The history and effect of abortion conscience clause laws

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. During the 108th Congress, S. 1397, an abortion conscience clause bill, was introduced in the Senate, and a companion bill, H.R. 3664, was introduced in the House. Although neither of these bills were enacted, Congress did pass appropriations legislation that contained a conscience clause provision. 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 contained in P.L. 108-447, the Consolidated Appropriations Act, 2005. Legislators are likely to consider similar legislation during the 109th Congress.