Expressing opposition to the criminalization of essential health care including the full range of sexual and reproductive health care such as abortion gender-affirming care and contraceptive care and disapproving of the criminalization of pregnancy outcomes.

Expressing opposition to the criminalization of essential health care, including the full range of sexual and reproductive health care 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 health care, including abortion, is essential to the health and well-being of all people; Whereas reproductive and sexual health care providers, and those who support people making important health care decisions, provide high-quality, essential health care and 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 health care; 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 health care providers from providing gender-affirming and reproductive health care, 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 health care, 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 health care provision and the criminalization of pregnancy outcomes; 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 health care 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 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 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 health care violates their fundamental rights: Now, therefore, be it That Congress— (1) condemns the misapplication of criminal laws to punish people for the outcomes of their pregnancies; (2) affirms that people deserve access to high-quality health care without fear of reprisal or punishment; (3) condemns the criminalization of providing essential health care; (4) affirms the ethical obligations of health care providers to safeguard patient privacy; and (5) (A) declares a vision for a future where access to abortion, contraception, and gender-affirming care is universally free from restrictions and bans and people are able to manage care on their own terms free from discrimination or punishment; and (B) affirms Congress’ commitment to working toward this goal in partnership with providers, patients, advocates, and their communities.

Summary: This concurrent resolution expresses opposition to the application of criminal laws to pregnancy outcomes and affirms that people deserve access to high-quality health care without fear of reprisal or punishment.