Policy Resolution HHS-26-15

WHEREAS, every person should have the freedom to make decisions about their bodies, their lives, and their futures with respect and dignity, including when and how to become parents, without barriers based on who they are, how much they earn, or where they are from;

WHEREAS, the right to an abortion and reproductive healthcare more broadly is a fundamental human right and equal rights matter that every level of government has a role in protecting, and the deterioration of this right adversely impacts people of color and members of the LGBTQ+ community who already face disparities in access to health care services and insurance coverage, and are more likely to face discrimination from health care providers;

WHEREAS, NBCSL has long recognized the importance of access to reproductive care and the consequences of its absence, specifically for minority populations, through resolutions such as HHS-23-22 Codifying the Supreme Court Decision, Roe v. Wade;

WHEREAS, following the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, states across the country began instituting abortion restrictions and bans that have led to preventable deaths, including in Georgia and Texas, and have made pregnant people’s lives less safe;

WHEREAS, the worsening state of abortion access and maternal health care in the United States is being compounded by draconian federal funding cuts to our health care system, exacerbating already existing disparities in maternal and overall health outcomes for people of color and LGBTQ+ communities;

WHEREAS, until January 2025, the federal Emergency Medical Treatment and Labor Act (EMTALA), first passed in 1986, was enforced by the federal government to keep stabilizing abortion care available to those who need it; however, the current administration has abdicated its duty to enforce the law, allowing for emergency care to be denied;

WHEREAS, not only do abortion care deserts put pregnant people at risk, they are violative of international treaties signed and ratified by the United States such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, both of which have been determined by the United Nations Human Rights Council to require the provision of accessible abortion care;

WHEREAS, the United States government has already declared its intention to withdraw from the 2025 United Nations Human Rights Council’s Universal Periodic Review (UPR), the mechanism by which the UN judges member states’ compliance with international treaties, with this unacceptable action by the federal government signaling its desire to escape global human rights accountability;

WHEREAS, in the absence of a federal government willing to protect its constituents’ constitutional and human rights, states and localities must step up and act in defense of the basic health of pregnant people nationwide, and several states have done so, passing constitutional protections for abortion care that fulfill the spirit of the Equal Rights Amendment’s prohibition on sex discrimination, expanding insurance coverage, and passing their own EMTALA regulations to keep people safe;

WHEREAS, as long as the fundamental right to abortion care is denied, maternal health outcomes will continue to deteriorate, with Black women, people of color, and other marginalized communities disproportionately impacted;

WHEREAS, denying access to comprehensive reproductive health care not only deepens an already stark racial and economic disparities, but also contributes to preventable deaths, worsens maternal mortality, and undermines the ability of families and communities to thrive; and

WHEREAS, this resolution extends NBCSL’s leadership on reproductive and maternal health equity, reaffirming HHS-23-22 and HHS-23-15, which upheld reproductive rights, called for improved maternal outcomes, and advocated expanded access to comprehensive care.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) recognizes that ensuring comprehensive, affirming, and accessible reproductive health care, including abortion care is essential to maternal health equity, the improvement of maternal health outcomes, and the reduction of racial disparities;

BE IT FURTHER RESOLVED, that the NBCSL calls on the federal government to fully enforce the Emergency Medical Treatment and Labor Act (EMTALA), including its requirement that hospitals provide stabilizing treatment, which may include abortion care when necessary to save a pregnant person’s life;

BE IT FURTHER RESOLVED, that the NBSCL urges state legislatures to enact their own EMTALA protections and dismantle barriers to abortion access and coverage as a necessary step toward affirming the full spectrum of reproductive decisions for Black women and birthing people, and safeguard abortion access in every way possible, in alignment and required under international law;

BE IT FURTHER RESOLVED, that the NBCSL supports that such state legislation include the necessary legal protections for medical service providers that they are fully indemnified from prosecution and fines related to abortion services, but not from medical errors nor a decision not to provide services; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• Resolution ID: HHS-26-15
• Sponsored by: Del. Marcia Price (VA)
• Policy Committee: Health and Human Services Policy Committee