Abortion Choice Act

The Right to Full Disclosure Act

A Voter Initiated Referendum to Amend a State Constitution:

“Women have a civil right to full disclosure of all risks, alternatives, or other information which a patient might reasonably consider relevant to a decision to refuse a recommendation for abortion. The State may not limit a woman’s right to recover damages in civil court for any injuries that may have resulted from an induced abortion.”

Effects:
  • Establishes a reasonable patient standard for disclosure.
  • Establishes that withholding relevant information is itself an injury, a violation of a woman’s civil rights.
  • Reaffirms the fact that abortion is a medical procedure which requires the recommendation of a physician who is responsible for protecting the woman’s health.
  • Eliminates statutes of limitations restrictions for filing civil action against abortionists — implicitly recognizing psychological disability of post-abortion shame.
  • Eliminates caps on awards for abortion related injuries.

Advantages of this approach:

  • Simple concept
  • Defines the terms of the debate to our advantage.
  • In states with voter initiated referenda, can bypass a pro-abortion legislature or governor.
  • Good educational vehicle for legislators and electorate.
  • In states where legislature must put initiative on the ballot, it allows politician’s to get “off the hook” by allowing them to “refer the issue to people.”
  • Extremely difficult for pro-abortionists to develop a public relations campaign to oppose the bill without exposing themselves as more interested in protecting the abortion industry than in protecting women’s rights.
  • Almost certain of ratification if placed on ballot.
  • Difficult to repeal.
  • Difficult for courts to reverse.

See Making Abortion Rare: A Healing Strategy for a Divided Nation for further discussion of the politics and effectiveness of this proposal.


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