III 

118TH CONGRESS 

1ST SESSION S. RES. 276 

Expressing opposition to the use of State power against people in the United 

States seeking essential health care, including criminalization of the 

full range of sexual and reproductive health care such as abortion, 

gender-affirming care, and contraceptive care, and disapproving of State 

punishment of people for their pregnancy outcomes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2023 

Ms. DUCKWORTH (for herself, Mr. MURPHY, Mr. MERKLEY, Ms. STABENOW, 

Mr. BLUMENTHAL, Ms. CANTWELL, Ms. HIRONO, Ms. WARREN, Mr. 

HEINRICH, Mr. WYDEN, Mr. CARDIN, Mr. PADILLA, Ms. SMITH, Mr. 

BOOKER, Mr. PETERS, and Mr. FETTERMAN) submitted the following 

resolution; which was referred to the Committee on Health, Education, 

Labor, and Pensions 

RESOLUTION 

Expressing opposition to the use of State power against 

people in the United States seeking essential health care, 

including criminalization of the full range of sexual and 

reproductive health care such as abortion, gender-affirming care, and contraceptive care, and disapproving of 

State punishment of people for their pregnancy outcomes. 

Whereas most people will need access to sexual and reproductive health care at some point in their lifetimes, whether 

it be abortion, contraception, or gender-affirming care; 


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•SRES 276 IS 

Whereas the ability of people to access and make decisions 

about the full range of sexual and reproductive health 

care is essential to the health, well-being, and autonomy 

of all people and to the health and well-being of society; 

Whereas providers of sexual, reproductive, and gender-affirming health care, and those who support people making 

important health care decisions, are essential and play a 

critical role in ensuring people are able to have control 

over their own bodies and lives; 

Whereas people deserve to be treated with dignity, empathy, 

compassion, and respect by their health care providers; 

Whereas people need their health care providers to be able to 

provide or refer for essential health care without facing 

punishment or criminal or civil charges for supporting 

the autonomous decisions of an individual with respect to 

their own body and life; 

Whereas no person should face State sanctioned punishment 

for— 

(1) seeking or obtaining an abortion, or any pregnancy outcome or decision; 

(2) seeking or using contraception; 

(3) seeking or obtaining gender-affirming care; 

(4) their sexual health status; or 

(5) for helping someone access the essential health 

care they need; 

Whereas people have been penalized or prosecuted in the 

United States for actions during their pregnancy that the 

State alleged caused harm or risk to their pregnancies; 

Whereas people have been prosecuted for not seeking health 

care, for experiencing a miscarriage or stillbirth, for selfVerDate Sep 11 2014 03:51 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR276.IS SR276

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•SRES 276 IS 

managing an abortion, for alcohol or drug use during 

pregnancy, and for their HIV status; 

Whereas research shows there is an increased need and demand for medications to self-manage an abortion in 

States with abortion restrictions, and that self-managed 

abortion with access to medications and accurate information is safe and effective; 

Whereas the reasons why people self-manage an abortion are 

varied and valid; 

Whereas States and localities have attempted to impose civil 

and criminal penalties on people who help others access 

the gender-affirming and reproductive health care they 

need, including abortion care; 

Whereas at least 1 State has passed a law attempting to restrict some out-of-State travel for abortions, and other 

States have attempted to curtail out-of-State travel for 

abortion care or the facilitation thereof, in violation of 

basic constitutional principles, including the right to travel; 

Whereas people have been and continue to be coerced or 

forced to undergo unwanted medical procedures or surgical interventions that negatively impact their sexual 

and reproductive health, including involuntary sterilization, involuntary cesarean sections, and procedures to 

change the intersex traits of minors; 

Whereas coercive or unwanted medical or surgical interventions that negate individual autonomy are distinct from 

gender-affirming care, do not constitute essential health 

care or sexual and reproductive health care, and are not 

included within the full range of such care that this resolution describes; 


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•SRES 276 IS 

Whereas more than 30 States around the country have advanced legislation designed to severely limit access to necessary gender-affirming care, especially for young people, 

which is against the recommendations of major medical 

organizations, including the American Academy of Pediatrics; 

Whereas 3 States have enacted, and nearly 15 have introduced, legislation designed to criminalize and penalize 

providing gender-affirming care to young people, providers of gender-affirming care for young people, and the 

parents of those young people for enabling access to this 

essential care; 

Whereas some States are considering legislation that would 

use the power of the State to remove children from the 

care of their parent if that parent supports access to gender-affirming care for the child; 

Whereas States and localities have prohibited health care providers from providing, and in some cases have 

criminalized the provision of, gender-affirming and reproductive health care, including abortion care, to patients 

who are seeking such care whether in person or via telehealth; 

Whereas States and localities have attempted to prohibit 

health care providers from referring, and in some cases 

have attempted to criminalize the referral of, patients to 

out-of-State resources to receive the gender-affirming and 

reproductive health care they seek, including abortion 

care; 

Whereas States have aimed to restrict the ability of patients 

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ening provider licensure, certification, or renewal, if even 

suspected of providing care, regardless of conviction; 

Whereas the threat of criminalization or prosecution can result in a chilling effect by intimidating people into not 

seeking or providing needed care; 

Whereas health care providers have an ethical obligation to 

provide essential health care to their patients and to protect the private medical information integral to the patient-provider relationship; 

Whereas limiting the ability of a health care provider to uphold their ethical obligations to provide essential health 

care, including sexual and reproductive health care, to 

patients is a violation of their rights and subjects them 

to moral injury; 

Whereas the State advances no legitimate interest by imposing civil or criminal penalties on medically appropriate 

sexual and reproductive health care, including abortion, 

contraception, and gender-affirming care, and has no legitimate interest in criminalizing pregnancy outcomes; 

Whereas State laws criminalizing sexual and reproductive 

health care, including gender-affirming care and abortion 

care, sometimes enacted under the guise of protection, 

constitute an abuse of the power of the State that denies 

individuals their fundamental rights; 

Whereas even when charges are dropped or the defendant is 

exonerated, the long-term consequences of arrest or prosecution are irreparable; 

Whereas Black, indigenous, people of color, immigrants, people with low incomes, LGBTQI+ individuals, and other 

marginalized individuals are more likely, due to persistent 

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nancy outcomes that place them under the scrutiny of the 

legal system; 

Whereas groups like the American Medical Association, 

American Public Health Association, American Academy 

of Pediatrics, American Society of Addiction Medicine, 

the American College of Obstetricians and Gynecologists, 

the American Bar Association, and others oppose Statesanctioned punishment for pregnancy outcomes and oppose criminalizing providers and the provision of health 

care; 

Whereas Black, indigenous, people of color, immigrants, people with low incomes, LGBTQI+ individuals, and other 

marginalized individuals are more likely to be surveilled, 

arrested, charged, prosecuted, convicted, and heavily punished within the criminal justice system; 

Whereas, in the 2022 Abortion Care Guidelines issued by the 

World Health Organization, the World Health Organization recommends the full decriminalization of abortion; 

Whereas human rights bodies, including the United Nations 

Human Rights Committee, have long said that governments that apply criminal sanctions against people who 

have an abortion, or medical providers who assist people 

in having an abortion, violate human rights principles 

and laws; 

Whereas human rights bodies have explicitly described criminalization of abortion and attacks on LGBTQI+ health 

as a form of gender-based violence; 

Whereas punishing people for their pregnancy outcomes or 

for seeking or providing essential reproductive and sexual 

health care, or supporting access to such care, violates 

their fundamental rights; and 


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Whereas several States have recognized these facts and taken 

steps— 

(1) to repeal or reform laws that had been used to 

criminalize pregnancy outcomes; and 

(2) to pass laws to increase access to abortion, contraception, and gender-affirming care: Now, therefore, be 

it 

1 Resolved, That the Senate— 

2 (1) condemns the application or use of criminal 

3 laws to punish people for the outcomes of their preg4 nancies; 

5 (2) affirms that people deserve access to high6 quality health care without fear of reprisal or pun7 ishment; 

8 (3) condemns the criminalization of providing 

9 or supporting access to essential health care; 

10 (4) affirms the ethical obligations of health care 

11 providers to safeguard patient privacy and the pri12 vate medical information integral to the patient-pro13 vider relationship; and 

14 (5) declares a goal for a future in which— 

15 (A) the ability of patients to access sexual 

16 and reproductive health care, including abor17 tion, contraception, and gender-affirming care, 

18 is universally free from restrictions, bans, and 

19 barriers; and 

20 (B) people are able— 


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1 (i) to exercise self-determination in 

2 their reproductive and sexual health; and 

3 (ii) manage care on their own terms, 

4 free from coercion, discrimination, or pun5 ishment; and 

6 (6) affirms the commitment of Congress to 

7 working toward the goal established in paragraph 

8 (5) in partnership with providers, patients, advo9 cates, and their communities. 

Æ 


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