III 

117TH CONGRESS 

2D SESSION S. RES. 664 

Expressing opposition to the criminalization of essential healthcare, including 

the full range of sexual and reproductive healthcare such as abortion, 

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

criminalization of pregnancy outcomes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8 (legislative day, JUNE 7), 2022 

Ms. DUCKWORTH (for herself, Mrs. MURRAY, Ms. BALDWIN, Mr. CARDIN, Mr. 

MURPHY, Mr. WHITEHOUSE, Mrs. FEINSTEIN, Ms. WARREN, Mr. 

BLUMENTHAL, Mr. MARKEY, Ms. STABENOW, Mr. MERKLEY, Mr. 

WYDEN, Mr. PADILLA, Mr. PETERS, Ms. HIRONO, Ms. SMITH, and Mr. 

HEINRICH) submitted the following resolution; which was referred to the 

Committee on Health, Education, Labor, and Pensions 

RESOLUTION 

Expressing opposition to the criminalization of essential 

healthcare, including the full range of sexual and reproductive healthcare such as abortion, gender-affirming 

care, and contraceptive care, and disapproving of the 

criminalization of pregnancy outcomes. 

Whereas access to the full range of sexual, gender-affirming, 

and reproductive healthcare, including abortion, is essential to the health and well-being of all people; 

Whereas reproductive and sexual healthcare providers, and 

those who support people making important healthcare 

decisions, provide high-quality, essential healthcare and 


dlhill on DSK120RN23PROD with BILLS
2 

•SRES 664 IS 

play a critical role in ensuring people are able to make 

decisions about their bodies and lives with dignity, empathy, compassion, and respect; 

Whereas no one should be criminalized for providing essential 

healthcare; 

Whereas no one should be criminalized for their pregnancy 

outcomes, for using contraception, or for obtaining gender-affirming care; 

Whereas States and localities have attempted to prohibit 

healthcare providers from providing gender-affirming and 

reproductive healthcare, including abortion care, to patients; 

Whereas people have been prosecuted in the United States 

for their actions during pregnancy that allegedly caused 

harm or risk to their pregnancies; 

Whereas people have been forced to undergo unwanted medical procedures or surgical interventions, including involuntary sterilization and cesarean sections, prosecuted for 

not seeking healthcare, prosecuted for experiencing a 

miscarriage or stillbirth, criminalized for alcohol and 

drug use during pregnancy, and prosecuted for self-managing an abortion; 

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 the 

criminalization of healthcare provision and the criminalization of pregnancy outcomes; 


dlhill on DSK120RN23PROD with BILLS
3 

•SRES 664 IS 

Whereas the threat of criminalization or prosecution can result in negative outcomes by intimidating people from 

seeking or providing care; 

Whereas abortion and gender-affirming care have become increasingly restricted in the United States; 

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

abortion restrictions, and that self-managed abortion with 

access to medications and accurate information is safe; 

Whereas the reasons why people self-manage an abortion are 

varied and valid; 

Whereas healthcare providers have an ethical obligation to 

provide essential care to their patients and to protect the 

private medical information integral to the patient-provider relationship; 

Whereas even when charges are dropped or the defendant is 

exonerated, the turmoil caused by arrest or prosecution 

is irreparable; 

Whereas several States have taken steps to repeal or reform 

laws that had been used to criminalize pregnancy outcomes and to increase access to abortion, contraception, 

and gender-affirming care; 

Whereas Black, indigenous, and people of color, people with 

low incomes, LGBTQ+ individuals, and other 

marginalized individuals are disproportionately likely to 

be surveilled, arrested, charged, prosecuted, convicted, 

and heavily punished within the criminal justice system; 

Whereas Black, indigenous, and people of color, people with 

low incomes, LGBTQ+ individuals, and other 

marginalized individuals are more likely, due to persistent 

disparities, to experience adverse pregnancy outcomes 


dlhill on DSK120RN23PROD with BILLS
4 

•SRES 664 IS 

that place them under the scrutiny of the legal system; 

and 

Whereas punishing people for their pregnancy outcomes or 

for providing essential reproductive and sexual healthcare 

violates their fundamental rights: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) condemns the misapplication of criminal 

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

5 (2) affirms that people deserve access to high6 quality healthcare without fear of reprisal or punish7 ment; 

8 (3) condemns the criminalization of providing 

9 essential healthcare; 

10 (4) affirms the ethical obligations of healthcare 

11 providers to safeguard patient privacy; and 

12 (5)(A) declares a vision for a future where ac13 cess to abortion, contraception, and gender-affirming 

14 care is free from restrictions and bans universally, 

15 and people are able to manage care on their own 

16 terms, free from discrimination or punishment; and 

17 (B) affirms the commitment of the Senate to 

18 working toward this goal in partnership with pro19 viders, patients, advocates, and their communities. 

Æ 


dlhill on DSK120RN23PROD with BILLS