The Hyde Amendment is a 42-year-old ban that prevents the federal government from paying for abortion except in specific cases of rape or incest, or if the pregnant person's life is in danger. However, it does not consider the psychological and emotional impact of situations in which a person is forced to carry a pregnancy to term. Politicians discuss this exception frequently — but what does it mean for survivors of sexual assault?
The Hyde Amendment puts people with low incomes under enormous scrutiny for seeking abortion services. Everyone should have the ability to make these decisions about their own bodies — regardless of income and regardless of the circumstances of a pregnancy.
The exception for cases of rape or incest subjects victims of sexual assault to the unjust and dehumanizing experience of being required to disclose — or sometimes even "prove" — their assault in order to get permission to receive the abortion care that they need. In Iowa, for example, the governor must approve any abortion paid for with Medicaid. The state’s Medicaid program also requires that cases of rape be reported to law enforcement, a health agency, or a physician within 45 days of the sexual assault — when some people may not even know yet that they’re pregnant.
These requirements delay and block access to abortion and are fueled by deep skepticism and lack of trust in people seeking an abortion and in victims of sexual assault. They ignore the fact that two out of three sexual assaults go unreported, many because of the fear of retaliation in a culture that punishes victims for speaking out against their abusers. The choice to disclose sexual assault is a deeply personal one — no one should be pressured to do so, regardless of how much money they make or the health care services they need.
Since the Hyde Amendment passed in 1976, additional Hyde-like policies have been enacted. Indigenous people benefiting from the Indian Health Service, people with disabilities, Peace Corps volunteers, military personnel, and veterans are all affected by abortion bans, and people in immigrant detention centers and federal prisons routinely face additional obstacles to accessing abortion. Some of these populations also experience disproportionate rates of sexual assault.
The Hyde Amendment is not permanent law. Congress has the opportunity to lift the Hyde Amendment each year — and activists aren't giving up. An individual's decision about their own body should be justification enough. To learn more and get involved, check out the
Repeal Hyde Art Project and
All Above All.
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